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B-186925 1 (1976-11-04)

handle is hein.gao/gaobaddyx0001 and id is 1 raw text is: -Ie THE COMPTROLLER ULENErAL WECISION .OF THE UNITED VSTATES WASHINfGTON D.. 205.13 I WI FILE: B-186925 MATTER OF: n- I j-, = cm-r. t-Ji3 I: DATE. O 41976 Dr, Norman L. Clark, USPHS When, due to administrative error commissioned officer was not considered for continuation pay (37 U.S.C. 311 (Supp. IV, 1974)) prior to the data ha become eligible for such, and, as a rrisult, Continuation Pay Volusitary Service Agree- mont was not sent to hi' until months later, entitlement to corinuation pity for period from date of eligibWlity to date when form vas actually executed i not precluded sincd record shows that he did intend to serve additional year anM would havQ ttmaly executed such agreement haI it been sent to him. This action Is in response to a letter dated July 7, 1976, from the Acting Director, Commiauioned Perconnel Operations Division, Public Health Service, requesting a determination an to the propriety of allowing a claim for retroactive payment of continuation pay presented by Now=nn L. Clark, D,D.S., USPHS9 In his submisaion letter, the Acting Director stated that an of August 19, 1975, Dr. Clark had fulfilled all of the eligibility requirements for continuation pay with the exception that he did not execute the required written agreement until May 1976. Under 37 U.S.C. 311 (Supp. IV, 1974) and section V, paragraph 1 of the implementing regulations, lublicf-lealth Ser- vice, Comminioned Corps Personne.l Manual, Subchapter CC 42,2, Personnel Instruction 2-Continuation Pay Regulation, a Public Health Service officer may be paid continuotian pay under cer- tain conditions, one of which Is that he execute a written agree- ment expressing his intention to remain on active duty for at least 1 additional year. The record indicates that Dr. Clark failed to execute such an agreaont as of August 19, 1975, the date he wan otherwise eligible for continuation pay, because the Continuntion Pay Voluntary Service Agreement Form, PIES Form 5102-1, was not sent to him until late in April of 1976. Dr. Clark states that he / I

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