Question Concerning Basic Pay Entitlements

Two Public Health Service officers expressed disagreement with a Department of Health and Human Services (HHS) determination that medical and dental officers of the Public Health Service (PHS) commissioned after September 15, 1981, who had participated in the National Health Service Corps Scholarship Program prior to that date, would not be entitled to additional constructive service credit if they entered into active duty as commissioned medical and dental officers. The officers contended that the Defense Officer Personnel Management Act may give them a right to the constructive service credit authorized by repealed legislation. They argued that, since the Act has a saving clause preserving the credit for medical and dental students who were enrolled in the Uniformed Services University of the Health Sciences or the Armed Forces Health Professions Scholarship Program, participants in their program who had received the same counseling should receive the same benefits. The officers felt that to withhold the constructive service credit from them would constitute a material breach of their scholarship agreements. Congress repealed the legislation which granted the constructive service credit, because it resulted in the receipt of pay by medical and dental officers which was inconsistent with the military pay and allowance system and encouraged early retirement. In addition, because of general pay increases for all uniformed health care professionals, it was concluded that the constructive service credit was no longer appropriate. Participants in the programs not covered by the savings clause may refuse to undertake their obligated service upon graduation. GAO found that the United States is not bound by the advice or promises of service recruiters concerning pay entitlements if their advice does not conform to the provisions of a statute. Accordingly, participants in the Senior Commissioned Officer Student Training and Extern Program and the National Health Service Corps Scholarship Program who are commissioned as officers of PHS after September 15, 1981, are not entitled to constructive service credit.