• Frequently Asked Questions

  Return to Service

  What does a return to service mean?

  A “return to service” for the purposes of POM 821.78, is the act of a non-HHS agency returning an officer to HHS without his/her consent for a variety of reasons that include, but are not limited to:

  • programmatic reorganization,;
  • workforce reduction;
  • fiscal constraints;
  • no suitable assignment;
  • documented medical issues;
  • documented misconduct and/or disciplinary problems; and/or
  • inability to maintain security clearance, or unresolved performance issues.

  If I am already assigned to a non-HHS agency, do I have to complete a form?

  Officers that are executing a permanent change of station (PCS) move or are on call to active duty (CAD) will be required to complete the “Statement of Counseling-Acknowledgement of Conditions of Details to Non-HHS Agencies.” This document must be signed by the officer and submitted to the gaining non-HHS agency liaison for submission into the officers’ eOPF. As far as practicable, non-HHS agency liaisons may request the aforementioned document retroactively.

  Can I be returned if I work for an HHS agency versus a non-HHS agency?

  No. A return to service is a provision that only applies to those organizations with which HHS has an MOU/MOA.

  How will an officer be notified, if a Non-HHS Agency intends to return an officer to service?

  When an agency decides to return an officer, the agency will first inform the officer as required in section 5(a) (5) of POM 821.78. The POM does not set specific requirements for how agencies will notify an officer. Additionally, CCHQ will notify the officer by phone and email after receiving the official request from the non-HHS agency.

  What medical issues may I be returned to service for that did not require a fitness for duty board?

  In accordance with Section 5.a. (3) of POM 821.78, the non-HHS agency/liaison will seek guidance from Medical Affairs Branch (MAB) at Commissioned Corps Headquarters (CCHQ). Prior to requesting approval from the Director, CCHQ, to return an officer for medical issues. Officers will be evaluated on an individual basis by MAB. Certain medical issues that may not require a fitness for duty may prohibit an officer from fulfilling his/her duties in their position/billet description that are required by their agency.

  Can I receive more than 180 days from the initial detail termination notification letter of return to service if I have not been able to secure another assignment?

  The MOU/MOA between a non-HHS and HHS agency, will provide the specifics regarding the return of an officer to HHS.

  Do I have to sign a Statement of Counseling and what are the consequences of not signing?

  In accordance with Section 4.b., the officer must submit the signed Statement of Counseling to the gaining non-HHS agency liaison who will include the Statement of Counseling with the form PHS-1662, “Request for Personnel Action.” The lack of a signed Statement of Counseling does not prevent any of the actions or processes outlined in POM 821.78.

  Can I accept a position/billet below my current grade/rank if I am unable to secure a position/billet that is equivalent to or above my current grade/rank, even in isolated or hardship locations?

  Yes. However, in accordance with CCI 321.01, “Billet Program,“ considering an officer for promotion, the grade of the current assignment is not in itself a criterion. However, promotion boards evaluate the officer's expected performance at the next higher grade, and they are necessarily interested in the levels of work performed in the officer's career to date.

  Will a return to service adversely affect my annual COER if I am promotion eligible?

  No. A return to service will not adversely affect a COER in a promotion year. However, a return to service for documented misconduct, disciplinary problems, and performance issues in accordance with Section 5.a. (4) of POM 821.78 may adversely affect an officer’s COER. Most importantly, the Director, CCHQ, may refer the officer to an ITB or, if the officer has more than 19 years creditable service for retirement, an IRB if an officer fails to find a suitable assignment.

  Will a return to service affect my ability to deploy?

  The ability to deploy if returned to service will depend on the reasons in accordance with Section 5 of POM 821.78; specifically, medical issues or documented misconduct, disciplinary problems, and or unresolved performance issues may prohibit an officer from deploying.

  How will a return to service affect my special pays?

  In accordance with Section 8.b. of POM 821.78, officers have from the effective date of the return (see §5.a. (6)) until the expiration of the period of time allowed for returns in the MOU/MOA to find a suitable assignment. If an officer fails to secure a suitable assignment, the Director, CCHQ, may refer the officer to an ITB or, if the officer has more than 19 years creditable service for retirement, an IRB.
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