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B-193289 1 (1979-07-17)

handle is hein.gao/gaobadhki0001 and id is 1 raw text is: \~TEE COMPTROLLE-R GENERAL E C a D ~j F THE UNITED STATES W A S AH IN GT 0N , D. C. 2 0 4 FILE: B-929o DATE: July 1-?', 197(9 MATTER~ OF: Dr. Robert L. Rausch - Shipment of Household Goods Upon Release From Active Duty DIGEST: Public Health Service doctor who retired on April 1, 1974, and turned his household goods over to carrier under Government Bill of Lading (GBL) on May 29, 1975, appeals determination of indebtedness. Agency established indebtedness of $18,174.23 representing value of GBL since his household goods were not turned over to carrier within 1 year following his relief from active duty as required by 37 U.S.C. 406(g) and Joint Travel Regulations para. M8260 (July 1, 1972). Since Dr. Rausch does not qualify under any of the exceptions to the 1-year limitation, he is indebted for the value of the GBL. Furthermore, the indebtedness may not be considered for waiver under 10 U.S.C. § 2774 (1976). This action concerns the appeal of Dr. Robert L. Rausch from an agency determination that he was liable for the expense of shipping his household goods from Fairbanks, Alaska, to Saskatoon, Saskatchewan, Canada, incident to his release from active duty with the Public Health Service on March 31, 1974, and his retirement on April 1, 1974. Upon review our Claims Division concurred with the agency determination. Dr. Rausch retired from the Public Health Service (Service) on April 1, 1974. His household goods were turned over to a carrier under a Government Bill of Lading (GBL on May 29, 975. Although the GBL was dated March 6, 1975, the9ervice foundlYr! Rausch indebted for $18,174.23 since the household goods were not turned over to the carrier for shipment within 1 year following his relief from active duty, as required by 1-Je4at---a-ve Regulations,)(JTR) para. M8260 (July 1, 1972). Dr. Rausch argues that the delay in presenting his household goods to the carrier was due to conditions beyond his control. Specifically, he states that the long, severe Alaskan winter and the melting of the snow during the month of April combined to render his driveway, which he describes as long, narrow and steep, impassable to a large moving company van until the middle of May. Upon learning that it would not be feasible to attempt the movement of his household goods until May, Dr. Rausch contacted the transporta- tion officer at the Alaska Native Medical Center, Anchorage, and

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