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B-198367 1 (1982-06-17)

handle is hein.gao/gaobadkkj0001 and id is 1 raw text is: CECI5ION FILE: B-198367 MATTER DIGEST: Tile COMPTRCLLIfl OIEEFAL// 11gIl9 OF THIS UNITEDL BT T NS WASHINGTON, 0,0, 2054 DATE June 17, 1982 OF: George R. Halpin - Transportation of Household Goods - Excess Weight - Reconsideration An employee of the Drug Enforcement Administra- tion is liable for excess weight charges incurred in transportation of household goods under Government Bill of Lading where total weight shipped exceeded statutory maximum of 11,000 pounds, regardless of fact that weight certificate did not clearly identify goods weighed as those of the employee where employee failed to exercise his right to witness the original weighing or to request a reweigh. The employee has not met' hia burden of showing a material m.istake of law or fact. Mr. George R. Halpin, through his counsel, has requested reconsideration of our decision B-198367, March 26, 1981, which established his liability for excess weight charges incurred in the transportation of his household goods in connection with his official change of station. Upon reconsideration, we affirm our disallowance of Mr. Halpin's claim. As all employee of the Drug Enforcement Adminis- tration, Department of Justice, Mr. Halpin was officially transferred to a position in Los Angeles, California, in July 1977. Ih connection with this transfer Mr. Halpin shipped 13,100 pounds of household goods on Government Bill of Lading No. L.0,967,654 from Chicago, Illinois, at a total cost to the Govern- ment of $3,009.27. Applying the 11,000 pound limitation set out in 5 U,.c. § 5724(a)(2) and the procedure prescribed by paragraphs 2-B.3b(5) and 2-8.4e(2) of the Federal Travel Regulations (FTR) (FPMR 101-1, May 1973) for computing the amount payable by an employee for excess weight charges, we concurred with the agency's determination that Mr. Halpin ic liable to the Govern- ment in the amount of $480 for 2,100 pounds of excess weight. We held that the fact that the applicable weight certificate was not cross-referenced to Mr. Halpin's shipment did not establish clear error in the weight of Mr. Halpin's shipment, and was, therefore, of insuffi- cient probative value to relieve him oV his liibitity for the excess weight charges; a 9 I'~S .. e- ...... . ... . . ... . .. ... .. . n *~ . . . .. . . . .. .. . . ..

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