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B-270321 1 (1996-03-27)

handle is hein.gao/gaocrptadxy0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Resource Protection File: B-270321 Date: March 27, 1996 DIGEST 1. Where proper notice of later-discovered loss or damage to a military member's household goods shipment is provided to the carrier within the prescribed time limit, as required by the Military-Industry Memorandum of Understanding (MOU), the presumption of correct delivery is overcome and the burden of establishing that it is not liable for the loss or damage falls on the carrier. The fact that the loss or damage was not noted by the member at delivery, although the carrier performed the unpacking while the member or spouse was present in the residence, does not relieve the carrier from liability since it is unreasonable to expect the member to note every item of loss or damage during the unpacking, and the MOU does not preclude claiming later-discovered loss or damage in these circumstances. 2. Where agency has assessed liability for loss or damage to household goods items against the carrier based on owner's claims, repair estimates, and an inspector's report, the carrier's assertion that the loss or damage was preexisting, without substantial supporting evidence, is not sufficient to overcome the agency's determination. DECISION Resource Protection, on behalf of Carlyle Van Lines, has appealed Claims Settlement No. Z-2866671(30) which denied Carlyle's request for a refund of moneys the Air Force offset for loss and damage to a shipment of an Air Force member's household goods. As explained below, we sustain the denial of the claim. The household goods were picked up at Alexandria, Louisiana, on March 27, 1992, and delivered to Riverside, California, on April 20, 1992. Unpacking service was not waived in writing by the member, and apparently the carrier performed this service. At the time of delivery, damage to several items was noted on the DD Form 1840. Twenty-three days after delivery, DD Form 1840R was dispatched to the carrier noting a number of additional items of loss or damage. It is the carrier's liability for these later-listed items that Resource Protection disputes. 854326

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