Matter of: Larry Goss File: B-249707 Date: September 24, 1992

Matter of: Larry Goss File: B-249707 Date: September 24, 1992

CIVILIAN PERSONNEL Relocation Expenses Debt collection Waiver CIVILIAN PERSONEL Relocation Breach of service agreements Expenses Liability Claimant was a civilian employee of the Department of the Air Force in California who transferred to the Army Corps of Engineers in Aberdeen, Maryland. He is obligated to repay the government the amount paid by the government in connection with his transfer when he resigned prior to fulfilling his service agreement. The employee alleges that medical reasons forced him to resign and that the agency should waive his debt. However, he has not provided sufficient evidence to show that his separation was for reasons beyond his control and acceptable to the agency concerned, as provided by 5 U.S.C. Sec. 5724(i) (1988).

DECISION

Mr. Larry Goss, a former employee of the Army Corps of Engineers, appeals our Claims Group settlement. [1] The settlement determined that Mr. Goss was indebted to the United States for a $5,000 travel advance he was paid incident to acceptance of a position with the Army Corps of Engineers, Aberdeen, Maryland. For the reasons that follow, we uphold the Claims Group settlement.

Mr. Goss was an employee of the Department of the Air Force at Edwards Air Force Base, California, when he applied for and was accepted for a position with the Army Corps of Engineers, Aberdeen, Maryland. In connection with the transfer, Mr. Goss was given a travel advance of $5,000. He reported to his new duty station on December 6, 1987, and signed a transfer agreement wherein he agreed to remain in government
service for 12 months unless released for reasons beyond his control and
acceptable to the Department of Defense component concerned.

Mr. Goss resigned from his position on January 23, 1988, for the reason,
as stated in his Standard Form 50, "to look for new employment."
Subsequently, on February 23, 1988, the Corps of Engineers accepted Mr.
Goss's resignation and requested that he repay his $5,000 travel advance
since he had failed to fulfill the terms of his service agreement, and, in
accordance with 2 Joint Travel Regulation, para. C4009 (Ch. 312, Oct. 1,
1991), he was indebted to the United States for such failure.

Mr. Goss says that a medical condition prevented him from fulfilling his
service agreement, and that the agency should accept this as evidence that
his separation was beyond his control, and waive his indebtedness. Mr.
Goss suffers from Meniere's disease, a disease of the inner ear, which
causes dizziness. Therefore, he cannot work in movable places. He has
submitted two certificates from a doctor attesting to this condition dated
November 11, 1988, and January 24, 1989.

Mr. Goss states that the information he received from the Corps of
Engineers prior to his transfer indicated that he would be working in a
typical building in Aberdeen, and instead the office was located in a
series of trailers. Mr. Goss states that on his first day on the job he
began to experience nausea and discomfort, and after several days of
suffering these symptoms, he requested a transfer. He says that his
transfer was denied by the agency and he was offered 3 weeks unpaid
absence to seek a new appointment. He says that, with no assistance from
the Corps and unable to work in the trailer, he was unsuccessful in
obtaining a new position and that he returned to his hometown of
Minneapolis.

The Corps of Engineers disputes Mr. Goss's contention that the office he
worked in was not sound. The Deputy District Engineer says that the
Aberdeen area office is not a movable place, the floor is not flexible,
the building experiences no more movement than a wood-framed house, and is
structurally sound. The Corps of Engineers also says that it was not
aware of Mr. Goss's condition at the time he was offered the position, and
it was not until he received a bill from the Baltimore District Finance
and Accounting Office for $5,000 that he revealed his medical condition.

The statute under which the Corps of Engineers paid Mr. Goss's relocation
expenses from California to Aberdeen, 5 U.S.C. Sec. 5724(i) (1988),
specifically requires that such expenses may be paid only after the
employee agrees in writing to remain in government service for 12 months
after his transfer, "unless separated for reasons beyond his control that
are acceptable to the agency concerned." It further provides that if the
employee violates the agreement, the money spent by the United States for
such expenses "is recoverable from the employee as a debt due the United
States." Our decisions in this regard state that this determination rests
primarily with the agency concerned and that we will overturn the agency's
determination only where there is no reasonable basis for the
determination. John P. Maille, 71 Comp.Gen. 199 (1992); Jack L. Henry,
65 Comp.Gen. 657 (1986); Jeffrey P. Cardinal, 64 Comp.Gen. 643 (1985).

In this case, there is nothing in the record which indicates that the
agency was aware of Mr. Goss's medical condition when he was first hired.
The doctor's statements Mr. Goss has furnished as evidence of the fact
that he could not work in structural areas such as a trailer are dated
approximately 9 months and 1 year after the agency first asked him to
repay the relocation expenses. The reason he stated for leaving was "to
look for new employment." Finally, Mr. Goss has not submitted any
evidence to show that the building he worked in was not structurally
sound, or that the symptoms he suffered were related to his working
conditions. Thus there is no indication in the record that the Corps of
Engineers acted improperly when it found that Mr. Goss's separation was
not for reasons beyond his control.

Accordingly, our Claims Group settlement is affirmed and Mr. Goss is
liable to repay the government the amounts expended for his relocation
expenses.

Date:
To: Director, Claims Group/GGD - Sharon S. Green
From: General Counsel - James F. Hinchman

Subject: Larry Goss - Breach of Service Agreement -
B-249707-O.M.

Returned is Claims File No. Z-2867097, and a copy of decision B-249707,
dated today, in which we have affirmed the Claims Group's settlement. We
are also furnishing you with a copy of our response to the Honorable Jerry
Lewis, House of Representatives.

The Honorable Jerry Lewis
Member, United States
House of Representatives
1826 Orange Tree Lane
Suite 104
Redlands, California 92374

Dear Mr. Lewis:

This is in response to your letter of July 29, 1992, in which you enclosed
correspondence from your constituent, Mr. Larry Goss. Mr. Goss requested
reconsideration of a settlement of this Office that determined he was
indebted to the United States for relocation expenses because of his
failure to remain in government service for the 12-month period specified
in his service agreement. Mr. Goss transferred from California to
Maryland at a cost to the government of $5,000 and resigned after less
than 2 months service. He states that health reasons forced him to resign
and that his employing agency, the U.S. Army Corps of Engineers, should
relieve him from his debt.

By decision Larry Goss, B-249707, dated today, we have upheld our Claims
Group's determination. Travel, transportation, and relocation allowances
may be paid only after the employee agrees in writing to remain in the
government service for 12 months after his transfer, unless separated for
reasons beyond his control that are acceptable to the agency concerned. 5
U.S.C. Sec. 5724(i) (1988). An agency's determination in this regard is
not subject to question by this Office unless there is no reasonable basis
for the determination. For the reasons stated in the decision, we believe
that the agency acted reasonably in not releasing Mr. Goss from his
financial obligation to the government.

We trust that this is responsive to your inquiry, and we regret that we
cannot be of further assistance to your constituent.

1. Z-2867097, Nov. 29, 1991.