Clarence, who was a park ranger, was transferred where prior to his move he signed a 12 month service agreement stating that if he failed to remain in the service of the federal government for one year after transfer he would be responsible for repaying his relocation costs unless he was separated for reasons beyond his control. Three months after starting his job he suffered a neck injury during a physical fitness test where he received continuous medical treatment and continued to work where two months later a neurosurgeon recommended corrective surgery. During this time the Interior Department suspended Clarence pending outcome of a complaint filed against him and when he could not determine the reason for the complaint he resigned, citing only his medical condition and upcoming surgery as reasons for leaving. After his surgery the Office of Personnel Management ruled he was disabled. When the government demanded he pay the government for $20,000 of his relocation expenses he appealed stating the separation for medical reasons met the condition for separation for reasons beyond his control while the government claimed the timing of his resignation was “suspicious” and the fact he continued working and the outcome of surgery was uncertain, his separation was not beyond his control. The Board stated the government has the discretion to determine whether a separation is beyond control but there must be a reasonable basis for the determination.  The Board ruled that Clarence’s medical records and OPM ruling of disability were sufficient evidence he separated. While the investigation, which was dropped after he resigned, may have contributed to his resignation, the only evidence actually available was medical, ruling the Interior Department’s attempt to collect the relocation costs was an “abuse of discretion” (CBCA 616-RELO).

 

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