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B-197984 1 (1980-04-03)

handle is hein.gao/gaobadidq0001 and id is 1 raw text is: 0kLER THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-197984 DATE: April 3, 1980 MATTER OF: Lieutenant Colonel Donald C. Nichols, USAF (Retired) Although an Air Force officer claims to have received authorization to exceed his adminis- trative weight allowance for shipment of household goods on an overseas permanent change of station, no evidence of the authorization to exceed the weight allowance can be produced by the claimant or found in Government records. Claims against the Government are decided by this Office on the basis of the written record. The claimant has the burden of proof of estab- lishing the liability of the United States and the claimant's right of payment. 4 C.F.R. 31.7; 53 Comp. Gen. 181 (1973) and 31 Comp. Gen. 340 (1952). / I DIGEST: This action is in response to an appeal of a settlement of our Claims Division dated December 28, 1979, which disallowed a tlaim for reimbursement of amounts paid for shipment of household goodsjfrom Florida to Hawaii. The issue presented is whether a claim for the refund of charges assessed against a member for the shipment of household goods exceeding the administrative weight allowance may be paid where documents which would prove that the shipment of excess weight was authorized cannot be produced by the claimant or found in Government records. The answer is no. In May 1974 Lieutenant Colonel Donald C. Nichols received notification of a permanent change of station (PCS) from Eglin Air Force Base, Florida, to Hickam Air Force Base, Hawaii. At the time of transfer which occurred in July 1974, the administra- tive weight restriction for transportation of household goods overseas limited Colonel Nichols to the shipment of 5,250 pounds. The total weight shipped was 5,393 pounds and Colonel Nichols was charged $77.13 for the excess weight. It is Colonel Nichols' contention that at the time of notifica- tion of his PCS move, he requested and received authorization to

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