Gerald P. and Abbe L. Keane - Page 3

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               Petitioner graduated from Brown University Medical School              
          (Brown) in June 1982.  While he was a student from 1978 through             
          1982, he received yearly tuition scholarships totaling $45,805              
          from the Department of Health, Education and Welfare (now called            
          the Department of Health and Human Services (DHHS)), as part of             
          the National Health Service Corps (NHSC) scholarship program.  As           
          a condition of receiving this award, petitioner was obligated               
          upon graduation to serve as a Public Health Service commissioned            
          officer or a civilian member of the National Health Service Corps           
          in a designated area for a number of years equivalent to the term           
          of the award.                                                               
               After graduating from Brown in June 1982, petitioner began             
          his internship and residency at Stanford University Medical                 
          Center (Stanford) in the physical medicine and rehabilitation               
          program.  Petitioner's service requirement with NHSC was                    
          scheduled to begin upon his graduation from Brown, but petitioner           
          expected to receive a deferment of his obligation until he                  
          completed the graduate training program at Stanford.                        
               DHHS agreed to the deferment of his service obligation the             
          first year it was requested, which was until July 1, 1983, but              
          when petitioner reapplied for the remaining years, DHHS refused             
          to grant subsequent deferments based on policy changes in the               
          program.  On July 1, 1983, when petitioner was denied deferment             
          for his second year of the Stanford graduate training program, he           





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