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B-194169 1 (1979-03-26)

handle is hein.gao/gaobadhbn0001 and id is 1 raw text is: 5' ~ THE COMPTROLLER GENERAL DECISI01\N . . OF THE UNITED STATES WASH INGTON, O.C. 20548 FILE: B-194169 DATE: March 26, 1979 MATTER OF: Dr. David D. Bonnet, USPHS (Retired) GRE ~ 6 P/CT )& Or4~~ ETi(QemF&)T2 DIGEST: A Public Health Service (PHS) commissioned officer voluntarily retired after 20 years' service immediately after which he developed symptoms of prostatic carcinoma which was not diagnosed until 3 months after retirement. PHS desires to revoke the voluntary retirement orders and issue new permanent disability retirement orders on the basis that carcinoma was definitely in existence at the time of retirement and had it been known the officer would have been retired for disability. Although the time period between retirement and revocation of orders is unusually long, in view of the unique circumstances, and fact that there is no authority similar to 10 U.S.C. 1552 to correct PHS officers' records, the orders may be revised based on the substantial new evidence presented. This is in response to a request from the Assistant Secretary for Management and Budget, Department of Health, Education, and Welfare, regarding whether the voluntary retirement orders of Dr. David P. Bonnet, a retired Public Health Service (PHS) commissioned officer, may be revoked and new orders issued placing him on permanent disability retirement under 10 U.S.C. Chapter 61 (1976), pursuant to 42 U.S.C. 213a(a)(2) (1976). On' June 1, 1978, Dr. Bonnet voluntarily retired from the PHS with over 20 years' service. His tour of duty was previously interrupted from July 1973 to September 1976, during which time he was on the temporary disability retired list because of illness. He was subsequently recalled to active duty and remained so until his retire- ment. Prior to his retirement, Dr. Bonnet underwent the necessary final medical examination. The medical report stated that there were no signs of recurrence of his lymphosarcoma nor any other disabling medical condition. Immediately after his retirement, Dr. Bonnet developed symptoms of another illness and was seen at the Honolulu PHS Outpatient Clinic on September 1, 1978. A disagnosis of adenocarcinoma of the prostate was subsequently confirmed. Further examinations have revealed that the cancer has spread to other parts of the body and there are signs of recurrence of his previous lymphosarcoma.

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