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B-190458 1 (1978-01-26)

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CECIBION


       - THE  COMPTROLLER GENERAL *
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         NO   THE UNITED *.TATEE
         WASHINGTON, f.,C. E0ses


DATE:  January 26, 1978


MATTER   OF: Dr. Reuben  J. Washington


The separation orders of a Public Health
Service officer, released from active
duty upon the completion of nis obligated
term'of service, must be amended retro-
actively to authorize payment for unused
accrued leaVe, and travel and transpor-
tation allowaenes, where it is clearly
denionstrated that the withholding of ihese
entitlements under the original orders was
the result of an erroneous assumption made
when those orders were prepared that the
member  had breached an agreement to
remain on active duty.


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    I   _________________


    This actiori.is in respinse to correspondence dated September 8,
1977, from the Director, C6init6ioned Personnel Operations
Divisibn, United States Public Health Service, requesting an advance
decision as to the propriety of making payment to Dr. Reuben J.
Washington for .unused accrued'leave,. aud travel and transportation
allowances, incident to his release from active duty as a commissioned
officer with the Public Health Service (PHS) on June 30, 1977.

    The member  was graduated from the Uhiversity of Pittsburgh in
May  1975 with the degree of doctor of in edicine, and on Julyl, 1975,
he eiitered active service with the PHS as arndintern at the PHS
Hospital, Bostch, Massachusetts. Thereafter, in February 1976, he
applied for. a 1-year risidency training program in general surgery
at the PHS Hospital. Seattle, Washington, by comfpleting and submitting
Form.fPHS-1122-1, Aoplibation for Training for PHS Commissioned
Perinnel.   In conjunction with the application,. he signed a statement
in wlch he a'cknowledg2d his understanding as to the additional active
duty obligation he might .incur by participating in an intramural PHS
residency training program. The statement reads in pertinent part
as follows:

    A. I und rstand that I am not obligated to remain
        on active duty on account of residency training
        received within a Public Health Service Hospital
        or other PHS facility.


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FILE:  B-190458


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