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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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