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B-201118 1 (1982-03-23)

handle is hein.gao/gaobadked0001 and id is 1 raw text is: I I '/~97g g< V/A E:rtI N CsTLlN , 0u- 0 -flfl 5iA% TA-201118 LDAT El. March 23, 1982 MATTll F31 OF; DIGr-T: Maury L, Hanson, Jr., M.D. A medical officer of the Public ealth Service tigned a 1-year variable incentive prpy aJreient, but voluntarily left tie s4u'vicu to accept employment in a civilian capnoity with a different agency before completing the agreed-upon service. Since regulations, pgrulated under 37 US.C. 313, apply only to the uniformed services an4 do njot apply to other Gover iwunt service aiid since they provide tiat no part of the Payment is enrnied unless the rcdical officocr serves a minimn of 1 year with the Public Health Service, the payihletit made upon e:ecutton of the agreement wwt b, refunded. Tfh.is action ib in renponne to a letter fro~i !aury L. 1innvon, Jr#, t.D,, requcstincj reconsideration of tiecision li-201118, Mlay 21, 1981, rendered in bis case, In that ccisirn wLI beld that where Pu1blic lealth1 Service rmedical ofticr exectted it -year variable incentive pay agreement and volun- tarily louvos the service befcre completion of that I yar, oven though he tranuforred to another Government agency, the entire amount of the patyotent must be refunded. We munt nffirm that decision. T'h baz.u upon whieh Pr. ilanson appeals are; that he wan never ineformcd of the pertinent regulations concerning repaymenct; that 37 U.S.C. 31 irdiciates that repayment should b. prorated on te bazsiv of sovice performed; that the armed 'orvtcca' raguationn require only a prorated repnywmnt basod on service petforied and that since le was allowed r:red'it for unused annial lctvu in his now agency, ..ndielttintj oontinuinq |'der',l sor-vice, lie should also bo nllotnd the variable incentiv'el pay' i)r. hanson, a formei officer of thbe Conmiosiaoned Corps of tho PuM,'Aic He |alth Service on iactive duty, executed an agrerwenIt on !4'y 25, 1979, to ron-in in the varvice for 1 year, in oxchanttci for variable incntive pay of $11,000 in addition ,. . 1~J. ~ c;-::' ,;.MN I.U1.rLt ' 1t .rAE t2 r ; :11 is k I l t!1 TA T., 140 F1143:

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