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B-261306 1 (1995-09-01)

handle is hein.gao/gaocrptacbs0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision





Matter of: Allied Van Lines

File:        B-261306

Date:        September 1, 1995

DIGEST

Where there is a dispute in the record as to whether carrier received complete
inventory at time it took possession of household goods at nontemporary storage
warehouse which carrier alleges it did not receive but Army has furnished copy of
inventory from warehouse, carrier has not carried its burden of proof to show it is
not liable for loss of a tendered item.

DECISION

Resource Protection, representing Allied Van Lines, has requested reconsideration of
our Claims Group's settlement certificate Z-151685-77, dated March 13, 1995, which
denied the claim of the carrier, for a refund of an offset by the Army of $1,248 for
damages to a shipment of household goods.

Allied picked up the service member's household goods at a nontemporary storage
warehouse in Abilene, Texas, and delivered them to Fort Bragg, North Carolina,
where the member noted damage and missing items on the Notice of Loss and
Damage (DD Forms 1840 and 1840R).

Resource Protection, argues that when Allied's driver arrived at the warehouse to
pick up the household goods, the warehouse was unable to supply a complete copy
of the original inventory and therefore, the driver prepared a new inventory of the
items it received from the warehouse. Resource Protection contends that if an item
did not appear on the inventory prepared by its driver, the item was not tendered to
it at the warehouse. None of the missing items for which an offset was taken
appear on the Allied prepared inventory.

The Army has advised our Office that, following Allied's request for a refund, it
contacted the warehouse which advised that the original inventory, which the
warehouse furnished to the Army and the Army forwarded to our Office, was
available when Allied's driver picked up the household goods. Therefore, the list of


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