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B-194961 1 (1979-07-23)

handle is hein.gao/gaobadhkx0001 and id is 1 raw text is: 




                             THE   COMPTROLLER GENERAL
DECISION         .   Il      OF   THE     UNITED      STATES
                             r  ASHINGTON, D.C. 2054 8




FILE: B-194961                      DATE:   auly 23, 1979

MATTER OF: Woodrow F. Bellamy


DIGEST:

1.  LClaim for refund of  osts recovered by Air Force for excess
     weight of  ousehold goods in connection with per-
     manent change of station may not be allowed in absence of
     evidence showing agency  determination to be clearly in
     error.

2.   Question whether and to what extent authorized weights have
     been exceeded in shipment of household effects by members
     of the uniformed services is considered to be matter pri-
     marily for administrative determination and ordinarily will
     not be questioned in absence of evidence showing it to be
     clearly in error.

     Woodrow F. Bellamy, MSgt., USAF, requests review of the settle-
ment of our Claims Division denying a claim for refund of $415.07
recovered by the Air Force for excess costs associated with the ship-
ment of member's household goods upon permanent change of station from
MacDill Air Force Base, Florida (MacDill).

     Pursuant to permanent change of station orders Sgt. Bellamy's
household goods were picked up on June 25, 1974, and one lot, shown
on the bill of lading as weighing 7,700 pounds, was transported from
MacDill to Aviano Air Base, Italy, under Government bill of lading
(GBL) No. K-5518163.  A second shipment, weighing 2,500 pounds, was
transported from MacDill to Sweetwater, Tennessee, under GBL No.
K-5518143, dated June 19, 1974. He was authorized to ship 8,500
pounds on Special Order AA-3031, dated June 4, 1974. The two ship-
ments exceeded his authorized weight allowance and he was charged
excess costs of $415.07 for an adjusted excess weight of 756 pounds.

     Sgt. Bellamy alleges that when the plastic-lined shipping crate,
which was supposedly waterproof and contained five carpets, was opened
at destination in Italy water poured out of the crate. When the goods
were picked up at his residence they were transported to the carrier's
warehouse for crating the following day. On the following day,
June 26, 10.74 inches of rain fell in MacDill as evidenced by a
statement of the USAF Chief Forecaster used with his claim for damage
in transit.  Sgt. Bellamy challenges the weight shown on the GBL

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