Revocation of Voluntary Retirement

The Public Health Service (PHS) requested a decision as to whether the voluntary retirement orders of a retired PHS commissioned officer could be revoked and new orders issued placing him on permanent disability. The officer voluntarily retired after 20 years' service, after which he developed symptoms of prostatic carcinoma. The carcinoma was not diagnosed until 3 months after retirement. The PHS desired to revoke the voluntary retirement orders and issue new permanent disability orders on the basis that the 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 was unusually long, in view of the unique circumstances and the fact that there was no authority for the PHS to correct the officers' records (as is the case with the Armed Forces), the orders were revocable. The officer's orders could be changed based on the substantial new evidence presented and new orders issued retiring him for disability.