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B-191501 1 (1979-03-08)

handle is hein.gao/gaobadgzl0001 and id is 1 raw text is: DECISIN FILE: B-191501 DATE: March 8, 1979 MATTER OF: Health Service pirector - Peggy S. Pentz, PHS DIGEST: Claimant was employed in a civilian capacity J (Foreign Service Reserve Officer) by the International Cooperation Administration kffr-8-- DVC1 Department of State, in which Public Health -6 0 Service (PHS) was participating. She later became a PHS commissioned officer on active duty detailed by them to the ICA to do the same work at the same location. Employment in a , civilian capacity does not qualify under 42 U. S. C. 212, as being with the PHS for the purpose of receiving years of service credit towards retire- ment as a PHS commissioned officer, even though the individual may have been supervised by PHS employees detailed to ICA under agreement for work on ICA projects, since such supervisory authority as they may have had emanated from the ICA, not the PHS. This action is in response to a letter dated March 17, 1978,. with enclosures, from Delbert A. Larson, Director, Commissioned Person- nel Operations Division, Public Health Service (PHS), requesting an advance decision concerning the entitlement of Health Services Director Peggy S. Pentz (0-6), to receive credit for 5 years of civil service employment towards retirement as a member of the Commissioned Corps of the PHS. The submission states that Ms. Pentz was appointed a member of the inactive reserve of the commissioned officer corps of the PHS on September 26, 1957, but that no active duty positions were available at that time. In 1958, the PHS, in cooperation with the International Cooperation Administration (ICA), Department of State, recruited her for an international health assignment. However, since no PHS active commissioned officer corps positions were available to her in her field of public health education for this purpose, Ms. Pentz accepted an appointment as a Health Education Advisor, Foreign Service Reserve, with the ICA, effective December 13, 1958, for service in the Public Health Division of the U. S. Operations Mission in Honduras. THE COMPTROLLER GENERAL .~ 7J OF THE UNITED STATES WASHINGTON, D. C. 20548 zx -// s_ 1 69

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