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B-197008 1 (1980-02-20)

handle is hein.gao/gaobadiah0001 and id is 1 raw text is: 

                            THE   COMPTROLLER GENERAL
DECISION     ,   OF THE UNITED STATES
                             WASHINGTON, D.C. 20548


FILE:    B-197008                  DATE:February   20, 1980

MATTER OF: Robert W. Dolch - Transportation of Household
               Good-   Excess Weight


DIGEST:


Employee may not be relieved of liability for cost
of shipping household goods in excess of statutory
amount of 11,000 pounds. Question whether and to
what extent authorized weights have been exceeded
is question of fact for administrative determination
and will not be questioned in absence of evidence
showing it to be clearly in error. Record contains
two official weight certificates and indicates no
error in their preparation. This Office operates on
basis of written record and burden of proof is on
claimant to establish liability of United States
and claimants' right to payment.


     Mr. Robert W. Dolch, a civilian employee of the Department -
of the Air Force, requests reconsideration of his claim for
$415.66.  The claim was for reimbursement of the excess cost
he incurred incident to a permanent change of station in 1976.
Mr. Dolch's claim was denied by our Claims Division in its
settlement of September 17, 1979.

     The record shows that Mr. Dolch's household goods were
shipped from Travis Air Force Base, California, to Kelly Air
Force Base, Texas, under Government Bill of Lading (GBL)
No. M-0,479,735. A net weight of 12,660 pounds was shown on
the GBL and the carrier billed and was paid by the Government
on that basis. Mr. Dolch was assessed for the transportation
and storage costs applicable to the weight in excess of his
statutory weight allowance of 11,000 pounds. See 5 U.S.C.
§ 5724(a) (1976); Federal Travel Regulations (FPMR 101-7)
para. 2-8.2a (May 1973).

     Mr. Dolch does not dispute the 11,000-pound statutory
limitation, but states that the record indicates that he did
not have 11,000 pounds of household goods. We disagree.

     Mr. Dolch's household goods were originally weighed on
August 5, 1976, and the official weight certificate shows the
following:


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