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B-206704 1 (1982-10-28)

handle is hein.gao/gaobadkrv0001 and id is 1 raw text is: 

                 <-.7, \   THE CONIPTROLLEP GENERAL
  D3ECISION      >   /,- OF THE UNITED          STATES
                       .   WASHINGTON, 0.C. 2054S




  FILE: B-206704                 DATE: (crcn'r 29, 10P,2

  MATTER OF: James C. Wilson - Transportation of
               Household Goods - Excess Weight

  DIGEST:
           1. Transferred employee was assessed
               weight charges for 4,300 pounds over
               statutory maximum household goods ship-
               ment of 11,000 pounds. Mover admitted
               that weight certificates were invalid
               because 200 pounds unrelated to employ-
               ee's move were included in weight due
               to unintended error and for which mover
               made refund to Government. The invalida-
               tion of the weight certificates does not
               mean that the Government may not claim
               excess weight costs in the move; rather,
               a constructive shipment weight should be
               obtained under paragraph 2-8.2b(4) of the
               Federal Travel Regulations.

           2. To correct error resulting from in-
               validation of weight certificates the
               constructive weight of the household
               goods shipment should be computed and
               substituted for the incorrect actual
               weight. Where the constructive weight
               under paragraph 2-8.2b(4) is unobtainable
               the weight of the shipment must be de-
               termined by other reasonable means. Here
               mover's evidence supporting revised con-
               structive weight determination is un-
               rebutted by employee, is the only,
               evidence of record on the correct weight
               of the shipment, and is not unreasonable.
               Excess weight charges should be computed
               on the revised constructive weight.

     Mr. James C. Wilson has been notified by the De-
partment of Health and Human Services of his obligation
to reimburse the Government for excess weight charges in
connection with the shipment of his household goods upon
transfer of official duty station in November 1978. The


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