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B-218985 1 (1986-01-15)

handle is hein.gao/gaobadmdg0001 and id is 1 raw text is: 



                        7THE COMPTROLLER GENERAL
DECISION        .        oF THE UNITED        STATES
              ,  WASHINGTON, 0.C. 2054B



FILE:     B-218985             DATE:    January 15, 1986

MATTER OF: Richard E. Davies


DIGEST:
          Army's assessment of excess weight
          charges based on weight tickets obtained
          in reweigh is a valid basis for comput-
          ing net weight of an employee's house-
          hold goods. Employee alleges that the
          weights are fraudulent and in error. In
          the absence of proof to the contrary,
          GAO will accept weight tickets as valid
          and accurate, especially since the
          administrative agency has made like
          determination. Burden of proof is upon
          employee to affirmatively establish that
          the excess weight charge was the result
          of fraud or clear error. Since employee
          has not met that burden, his claim is
          denied.

     Mr. Richard E. Davies, a civilian employee of the
Department of the Army, requests reconsideration of our
Claims Group's denial of his claim for the excess cost of
shipment of household goods incident to a permanent change
of station when the weight of the shipment was in excess of
his authorized weight allowance.1/ He questions the
validity of the weight tickets submitted by the carrier and
used to determine the net weight of the household goods. We
sustain the Army's and our Claims Group's determination that
there is no substantial evidence that the weight certif-
icates are in error.

     In connection with a permanent change of station, a
Government bill of lading was issued on November 16, 1979,
to North American Van Lines, Inc., for the movement of
Mr. Davies' household goods from New Palestine, Indiana, to
Prince Frederick, Maryland.



1/ Mr. Davies' claim was denied by Settlement Certificate
    No. Z-2736619 dated March 21, 1984.

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