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B-220751 1 (1986-01-29)

handle is hein.gao/gaobadmea0001 and id is 1 raw text is: THE COMPTROLLER INIZIEAL OF THE UNITED STATES WASH I N GTO N. 0. C. 20548 B-220751 MATTER OF: DIGEST: DATE: January 29, 1986 Lieutenant Colonel Stephen E. Shepard An Army officer notified the transportation officer at his old duty station that the carrier selected to move his household goods was using excessive packing materials to prepare the ship- ment for transportation. The transportation officer indicated that the shipment would be inspected at destination to determine whether his overpack allegation was valid. However, the personnel were not available to inspect the ship- ment upon arrival at the destination. The Army, after deducting 10 percent from the net weight, as authorized by regulation, determined that the member was liable for excess weight and recovered the excess charges. A member's opinion of over- packing based primarily on a comparison with pre- vious moves is insufficient evidence to show that packing was unreasonable and accounted for excess weight when packing and charges therefor did not exceed established standards of carrier perform- ance. In the absence of authority to waive liability for excess weight charges, the Claims Group's disallowance of the member's claim is sustained. The issue in this case is whether a transferred member may be relieved of liability for excess weight charges on his household goods shipment where Government agents, although agreeing to do so, failed to be present upon delivery to determine whether the carrier used excessive packing materials. We conclude that the record provides no legal basis for the General Accounting Office to relieve the member of liability. Facts In June 1981, when Lieutenant Colonel Stephen E. Shepard was a major in the United States Army, he was transferred from Fort Sam Houston, Texas, to Vicksburg, Mississippi. The Army issued a Government Bill of Lading to a household goods forwarder to arrange for the through DECISION FILE: 0V5LtLt1q

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