MS 284, Early Termination of Service

Table of Contents

1.0 Purpose

2.0 Resignation

        2.1 Resignation of Volunteer/Trainee Overseas

When a Peace Corps staff member becomes aware that a V/T is considering resignation from Peace Corps service, the staff member should advise the V/T that it is his or her right to resign from service at any time, for any reason, but, if appropriate, the staff member should also offer to explore with the V/T possibilities for resolving the situation short of resignation. Possibilities considered should be consistent with the needs of the program and might include such measures as increasing staff support, instituting administrative or programmatic remedies and making available a period for reconsideration of the decision to resign.

If, after these attempts to resolve the situation, the V/T still wishes to resign, the staff member shall:

 

(a)  Advise the V/T of the travel options described in 8.0 "Early Termination Travel;"

(b)  Complete all required documentation before the V/T leaves post, including: the Early Termination Email, the Certification of Non-Indebtedness, and the Description of Service (Volunteers only). See Section 9.0 "Required Documents for Early Termination;"

 

(c)  Encourage the V/T to provide his/her reasons for early termination by completing the Peace Corps V/T Resignation Form (see Attachment D). Advise the V/T that he or she is not required to disclose reasons for resigning, but encourage him or her to do so as it may help the Peace Corps to better understand and address issues identified by resigning Volunteers and Trainees; and  

(d)  Complete the "V/T Resignation --Staff Form" (see Attachment D).

        2.2 Resignation of Volunteer/Trainee in the U.S.

Volunteers or Trainees who resign in the United States must notify the Peace Corps Office of Special Services (VS/SS) of their decision in writing. If the Country Desk Unit or Medical Services (VS/MS) becomes aware of a V/T's desire to resign, that office should obtain the following information from the V/T and provide it to VS/SS:

(a)  Name;

 

(b)  Mailing address and phone number;

 

(c)  Country of service; and

 

(d)  Date when the V/T notified PC/Washington of his or her intention to resign.

It is important to notify VS/SS immediately after becoming aware of a V/T's intention to resign in the United States. VS/SS staff will call the V/T to respond directly to any questions or concerns the resigning V/T may have and assist the V/T with administrative procedures. Once VS/SS becomes aware of a V/T's resignation, VS/SS notifies the country of assignment and other appropriate headquarters offices of the termination date, which is the date VS/SS was notified. The post should immediately send the Early Termination Email and VS/SS will provide the V/T with the documents required in cases of resignation. Post staff shall still complete the "V/T Resignation -- Staff Form" regarding the V/T's reasons for resignation (see Attachment D).

2.3 Resignation in Lieu of Administrative Separation

A V/T may choose to resign instead of being administratively separated (see Section 4.0)

3.0 Medical Separation

3.1 Medical Separation of Volunteer/Trainee Overseas

If a V/T is medically separated overseas, the Country Director (CD) will ensure that arrangements are made for the V/T's return travel to the United States, and that the Early Termination Email, Description of Service Statement, and other documentation are completed. See 8.1.1 "Termination Travel to a U.S. Home of Record and 9.0 "Required Documents for Early Termination." The Country Director will also ensure that the V/T is aware of his or her right to appeal medical separation under the provisions of Section 3.3 of this Manual Section.

3.2 Medical Separation Following Medical Evacuation

If a V/T is medically separated following a medical evacuation, OMS will:

 

        (a) Advise the V/T of his or her medical separation date;

(b)  Advise the V/T and Country Director of the termination date and request that the Country Director send the Early Termination Email, Description of Service Statement, and other documentation.  See Section 9.0 "Required Documents for Early Termination;"

(c)  Arrange transportation for the V/T to his or her Home of Record (See Section 8.0);  

(d)  Work with the Transportation Division (M/AS/T) and post staff to arrange for the return to home of record of one hundred (100) pounds of the V/T's personal effects as unaccompanied air freight (see MS 214); and  

(e)  Inform the V/T of his or her right to appeal medical separation under the provisions of Section 3.3 of this Manual Section.

For information on medical evacuation, see MS 264.

        3.3 Appeal of Medical Separation

A V/T who wishes to appeal his or her medical separation may contact his or her field support nurse to request a review by the Director of Medical Services. The V/T may include any opinions or diagnoses that were not considered by Medical Services in reaching its original decision. In reviewing the case, the Director of Medical Services will consider all the information. The decision of the Director of Medical Services will be the final Agency decision in the case. See MS 282.

3.4 Post Service Care under FECA

OMS will assist medically separated V/Ts in applying to the Office of Workers' Compensation Programs, Department of Labor, to obtain any post-service medical care or disability benefits for which they may be eligible under the Federal Employees' Compensation Act (FECA). See MS 266.

4.0   Administrative Separation  

4.1  Procedures

        4.1.1  Trainees

A Trainee may be administratively separated at any time by the applicable Regional Director (RD), or designee, in consultation with the Office of the General Counsel (OGC), during staging or training in the United States, or by the Country Director (CD) (a third country CD if the training is in a third country), in consultation with OGC and with the concurrence of the applicable RD during training overseas. Upon deciding to administratively separate a Trainee, the RD or CD, as applicable, shall inform the Trainee of the option to resign within 24 hours in lieu of being administratively separated.  If the Trainee does not resign within 24 hours, the RD or CD, as applicable, shall sign and provide to the Trainee a written notification that the Trainee has been separated from service pursuant to 22 U.S.C. 2504(i). See Attachment A. There are no other procedures than those set forth herein.     

4.1.2  Volunteers 

A Volunteer may be administratively separated for unsatisfactory conduct or performance; violation of any Peace Corps policy, including those in the Peace Corps Manual, whether agency-wide or post-specific; or other grounds that diminish the effectiveness of the Volunteer or the Peace Corps program, as determined in the sole discretion of the Peace Corps.

 

A Volunteer may be administratively separated by the CD in consultation with OGC, if feasible, under the following procedures, which are provided purely at the discretion of Peace Corps pursuant to the authority of the Director: 

(a)  When considering administrative separation for a Volunteer, the CD shall inform the Volunteer orally or in a brief  "consideration of administrative separation memo" of the grounds for the separation and the information in support of those grounds. See Attachment G for template for "consideration of administrative separation memo."  The CD shall inform the Volunteer of the option to resign at any time before a final administrative separation decision is made; 

 

(b)  If, after considering the Volunteer's response, the CD decides to separate the Volunteer, the CD may do so only with the concurrence of the applicable RD.  In order to insure an informed concurrence, the CD shall provide the RD, either orally or in writing, with the reasons for the CD's decision;

 

(c)  If the RD concurs, the CD shall inform the Volunteer of the final decision to administratively separate the Volunteer and shall give the Volunteer an opportunity to resign within 24 hours, in lieu of being administratively separated.  If the Volunteer does not resign within 24 hours, the CD shall sign and provide to the Volunteer a written notification that he or she has been separated from service pursuant to 22 U.S.C. 2504(i). See Attachment B. 

 

(d)  If the Volunteer resigns in lieu of administrative separation, the CD shall forward to the Office of Volunteer Recruitment and Selection (VRS) a memo (which can be the "consideration of administrative separation memo") that states that the V/T resigned in lieu of being administratively separated, and sets out the grounds for the action and the information in support of those grounds.  See Attachment G. 

 

(e)  These procedures may be expedited under exceptional circumstances as determined by the CD in consultation with the applicable RD and, if feasible, OGC.

 

(f)  There are no other procedures than those set forth herein.     

4.1.3  Corrective Action Plan

Before considering administrative separation for a Volunteer, CDs may, but are not required to, consider initiating a corrective action plan to provide the Volunteer an opportunity to address, to the CD's satisfaction, the grounds upon which an administrative separation would be based.   

4.2 Termination and Departure Dates for V/Ts

The service termination date for a V/T who is administratively separated or who resigns in lieu of administrative separation, will be the day of departure from post.  For Trainees in the United States, the service termination date will be the day of departure from the staging or training location.    

 

Unless it is not feasible, a V/T's departure date shall be no more than seventy-two (72) hours after the CD makes a final decision to administratively separate the V/T or the V/T resigns.

5.0 Interrupted Service

        5.1 Grounds for Interrupted Service

Interrupted service may be appropriate if:

(a)  The V/T is unable to meet technical or language requirements in current assignment or country but the Country Director recommends future volunteer service;

 

(b)  The V/T no longer meets eligibility requirements in MS 201, due to changes in legal, marital, or other circumstances that are beyond the V/T's control;

 

(c)  There is no viable assignment in the country of assignment for which the V/T is qualified;

 

(d)  Circumstances prevent the V/T from carrying out his or her assignment (e.g., a prolonged teachers' strike);

 

(e)  Circumstances beyond the control of the V/T may damage the effectiveness of the individual, or the credibility or effectiveness of the Peace Corps program;

 

(f)  The host country (or other cooperating agency to which the Volunteer is assigned) requests that the Volunteer be removed from service for reasons that would not constitute grounds for administrative separation;

 

(g)  The V/T's spouse has been medically separated, administratively separated, or separated with interrupted service status, and the V/T him or herself is not subject to administrative separation; and

 

(h)  Circumstances in the country of assignment may endanger the V/T's safety (excluding evacuations, which are covered by Section 6.0).

A V/T who has been separated with interrupted service status may seek reinstatement or re-enrollment to Peace Corps service or may seek transfer to another country, provided the Country Director endorses the V/T's request. These conditions and procedures are set out in MS 282.

        5.2 Appeal

A V/T may appeal to the Regional Director (RD) in writing if he or she thinks the reasons for separation under Section 5.1 do not apply. The RD shall consider the documentation provided by the V/T and country staff in determining whether the decision to separate the V/T with interrupted service was appropriate. The RD's decision is the final agency action.

6.0 Evacuations

7.0  Misleading, Inaccurate, or Incomplete Information in Application Process

Pursuant to the Peace Corps Act, 22 U.S.C. 2504 (a) and (i), the selection of an applicant for Peace Corps service and the termination of a V/T's service are at the pleasure of the President.  These authorities have been delegated to the Peace Corps Director.  In order for the Peace Corps to be able to make appropriate selection and placement decisions, it is critical that applicants for Peace Corps service provide complete and accurate information throughout the application process.  The Director, or anyone to whom the Director delegates such authority, may disqualify an applicant or administratively separate a V/T at any time when the Peace Corps determines that the applicant or V/T has provided misleading, inaccurate or incomplete information ("non-disclosure") during the Peace Corps application process. 

 7.1   Procedures when Non-Disclosure Discovered During Application Stage

If, during the application process, the Peace Corps determines that an applicant provided misleading, inaccurate, or incomplete information, the applicant may be disqualified for service without application of the procedures in Section 7.2. 

 7.2  Procedures when Non-Disclosure Discovered During V/T Stage 

If the Peace Corps determines that a V/T, while still an applicant, provided misleading, inaccurate, or incomplete information to the Peace Corps, the V/T may be administratively separated from Peace Corps service under the following procedures: 

(a)  The Deciding Official shall be the Office of Volunteer Recruitment and Selection (VRS) Placement Manager;

(b)  Information relevant to a medical non-disclosure shall be forwarded to the Office of Medical Services (OMS).  All other non-disclosures shall be forwarded to the Deciding Official.  In cases of non-disclosure of medical information, OMS shall collect and review all of the relevant information, share the information with the Deciding Official, as requested, and advise the Deciding Official on the impact and seriousness of the medical information in question.  For non-medical information, the Deciding Official may confer with any Agency office that may have relevant information;  

(c)  The Deciding Official shall notify the Country Director (or Regional Director if the Trainee has not left the United States) of the current action and provide the Country Director an opportunity to comment on the V/T's conduct and  performance.  The Deciding Official may consider the CD's comments when making a final decision;         

(d)  The Deciding Official shall notify the V/T orally or in a "consideration of administrative separation memo" that administrative separation is being considered, explain the reasons why the action and provide any relevant information to the V/T for review.  The Deciding Official shall give the V/T fifteen (15) calendar days to respond and shall inform the V/T of the option to resign in lieu of being administratively separated;   

 (e)  After receiving the V/T's response or waiting the allotted fifteen (15) calendar days, the Deciding Official shall review all relevant information, make a determination whether to administratively separate the V/T, and inform the Volunteer of the final decision.  If the decision is to terminate the V/T's service, the Deciding Official shall give the Volunteer an opportunity to resign within 24 hours, in lieu of being administratively separated.  If the V/T does not resign, the Deciding Official shall sign and provide to the Volunteer a written notification that he or she has been separated from service pursuant to 22 U.S.C. 2504(i).

See Attachment C. 

 

(f)  If the V/T resigns in lieu of administrative separation, the Deciding Official shall ensure that a memo (which can be the "consideration of administrative separation memo") that states that the V/T resigned in lieu of being administratively separated, and sets out the grounds for the action and the information in support of those grounds is maintained by VRS.    

 8.0 Early Termination Travel

8.1 Return Travel at Peace Corps' Expense

Peace Corps will pay return transportation costs for early terminating Volunteers and Trainees who, upon termination from Peace Corps, return directly and immediately to their home of record from their country of assignment. Direct is defined as the most direct route from country of assignment to the V/T's Home of Record. Immediate is defined as no more than seventy-two (72) hours after departure from the host country for the U.S.

8.1.1  V/Ts traveling at Peace Corps' expense must be given:

(a)  An international travel authorization (see MS 218);

 

(b)  An economy class air ticket from post to home of record (the V/T may not be advanced the cash value of any part of this air ticket); and

 

(c)  Travel allowances in accordance with MS 221 or MS 222 (only if complying with direct and immediate return travel requirements).

8.1.2  Early terminating Trainees are not eligible for an advance from their readjustment allowance; however, early terminating Volunteers may receive a readjustment allowance advance of up to $200.00 in country with authorization from the Country Director.   

 

8.1.3  Upon arrival in the U.S., the V/T should mail the no-fee passport and the used ticket stub to the Transportation Division (M/AS/T) at Peace Corps, 1111 20th Street, NW, Washington, DC 20526. The Transportation Division should receive the passport and ticket stub within fourteen (14) days of the V/T's departure from country of assignment. 

        8.2  Field Exception to Direct and Immediate Return

The Country Director may grant a Volunteer an exception to the requirement to return directly and immediately to the Volunteer's Home of Record if the requirement would create a hardship for the Volunteer and the early termination is for reasons beyond the Volunteer's control. Trainees are not eligible for this exception.

Under this exception, Volunteers who are granted an exception:

(a)  Will be given an air ticket (as authorized under Section 4.11.1 of MS 218) purchased by the Peace Corps to their Home of Record;

 

(b)  Receive no travel allowance;

 

(c)  Are not medically covered by Peace Corps after termination of service. Peace Corps life insurance may be valid for ninety (90) days following termination, depending upon stipulations contained in the insurance policy;

 

(d)  Although Volunteers granted an exception are not required to return directly and immediately, the Country Director may require that the Volunteer depart from the host country via the quickest appropriate means in situations involving risk to personal safety or when the departure is required by the host country; and

 

(f)  The Volunteer's service termination date is the day final administrative processing is completed at post.

 

(g)  The Country Director may authorize the cash withdrawal of up to $200.00 of the Volunteer's readjustment allowance. A payment from the readjustment allowance should be reported on the early termination email and on form PC-10 (see MS 223, Attachment G).

        8.3   Field Termination

An early terminating V/T who chooses not to be bound by the direct and immediate return requirement is considered to have a field termination. Peace Corps will not cover return travel costs to the U.S. for field terminees, but may, if the already terminated V/T requests a ticket, pay for a ticket (as authorized under Section 4.11.1 of MS 218, if sufficient funds are in the V/T's readjustment allowance) to the V/T's Home of Record and shall deduct the cost of the ticket from the V/T's readjustment allowance.   

 

V/Ts who choose Field Termination under this subsection shall be advised that:

(a)  Once the decision to Field Terminate is made and termination is complete, the V/T's decision cannot be reversed or changed;

 

(b)  The Peace Corps will not assume any expenses for the V/T's return transportation costs or shipment of personal effects;

 

(c)  The V/T should obtain medical insurance to provide for any necessary medical care or medical evacuation after termination of Peace Corps service;

 

(d)  The V/T must surrender the no-fee passport to the Country Director prior to termination. Field terminees are responsible for securing a personal passport and any other necessary immigration documents through the U.S. Embassy;

 

(e)  The V/T will be traveling as a private U.S. citizen; and

 

(f)  The V/Ts service termination date is the day final administrative processing is completed at post.

Upon the field terminee's request the Peace Corps will determine the final balance of the V/T's readjustment allowance account after all deductions have been made to cover unpaid allowances, overpayments, debts owed to the Peace Corps and in-country debts.

 

The Country Director may authorize an advance of up to $200.00 to a Volunteer, provided there is a sufficient balance in the Volunteer's readjustment allowance account.  Trainees are not eligible for a readjustment allowance advance. 

9.0 Required Documents for Early Termination

Document	Where to send or file
Early Termination Email (MS 284, Attachment F)	VFO; Country Desk Unit; D/OSIRP
Designation of Travel (MS 284, Attachment E)	File in-country
Certificate of Non-Indebtedness (MS 223, Attachment J)	File in-country
Description of Service (Volunteers only) (MS 285, Attachments A & B)	Original to Volunteer; Two copies to VFO

Document	Where to send or file
Resignation Forms (MS 284, Attachment D)	D/OSIRP

10.0  Effective Date