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petitioner had worked on prior to his departure to attend Drexel.
Petitioner had expected another individual to finish the ONR
project in his absence, but that individual was unable to do so
and had resigned from the project. Upon completion of the ONR
project, petitioner expected to return to his doctoral research;
however, he was aware that his decision to return to Lincoln
University could jeopardize his chance to continue his studies at
Drexel. In a July 27, 1987, letter to Elward Bynum, an NIH
Program Administrator, petitioner wrote:
I have enclosed a copy of a letter requesting postponement
of the second and third year of my fellowship. As
indicated, the set of circumstances involving the ONR
contract was totally unanticipated. This request has been
discussed with my sponsor, Dr. Ferrone, and in his opinion,
this could have an adverse effect on my progress if I fail
to continue my preparation for the Ph.D. qualifying exam
this year off. * * * Thus, there are some uncertainties with
regards to my re-admission into Drexel even if NIH approves
my request. Although Drexel is my first choice for
completion of my studies, if re-admission is denied, I am
willing to pursue my work at another institution.
On August 10, 1987, an NIH official wrote to petitioner to
notify him that his request for a 1-year leave of absence from
his MARC faculty fellowship had been approved. The approval
letter indicated that petitioner's funding would resume at the
conclusion of his year off and thereafter continue through June
1990, which "will provide the approved two years and nine months
of fellowship support." The letter also stated: "In the event
you do not return to Drexel to complete your approved research
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