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B-200975 1 (1981-07-20)

handle is hein.gao/gaobadjol0001 and id is 1 raw text is: DEClSICN- FILE: B-200975 THE COI/ 0 G S'A OF THE UNITED BT*'ATES WASHINGTON. 0. C. 20548 DATE: July 20, 1981 MATTER OF: Dr. David N. Tobey, Jr., USPHS DIGEST: Where Public Health Service (PHS) regulations prescribe that training received in a non-PHS facility shall be classified as extramural training, thereby giving rise to an active duty obligation and a reduced entitlement to variable incentive pav (VIP), it is wistinn the authority of the PHS to prescribe such regulations and thus limit an officer who received 45 months of training in non-P-lS facilities to a reduced amount of VIP. What is the proper rate of variable incentive Pay (VIP) to be paij to a medical officer of the Public Health Service (PHS) after he completes a 4-year residency program while on active duty? A lower rate ($9,000) is authorize 4 if the ofricer is considered as incurring a period of obl- gated service as a result of accepting the residency. A higher rate (S12,J03) 1-,- be naid if: he cid not incur an active dutv obligation as a result of the training. Un er PHS regulations an officer who receives extramural training incurs an active duty obligation; whereas, an officer who receives intramural training does not incur such an obli- gation unless t-he intramural training involves Periods c: training in non-PHS facilities. It is our view that the officer in this case incurred a period of obligated service as a result of the residency program and, thus, is limited to the lower rate ($9,000) of VIP. This action is the result of an appeal from a settle- ment of our Claims Grouo denying the claim of Dr. David i. Tobey, Jr., for additional VIP in connection with a perio of active duty with the PHS. Dr. Tobey was called to active duty in the Commiss : .ed Corps of the PHjs on June 25, 1971. He began residency :.:in- ing in otolarynqology on July 1, 1975, at the PHS hospi- in Seattle, ;Iashirntc-, through a orocram conducted in ai- a- tion with the University of ashinton. He comnlaed 4-year traininz program on June 30, 1979, and signed a agreement a' thorizc1d zun-r.1 37 U.S.. 313 to -emain on a'.v e duty for 2 years, beginning July L, 1979. 3~4.r. t -

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