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B-198561 1 (1980-12-24)

handle is hein.gao/gaobaditj0001 and id is 1 raw text is: 


                        THE  COMPTROLLER GENERAL
DECISION              . OF  THE   UNITED STATES
               \4 : WASHINGTON, D. C. 20548

               F:

FILE: B-198561       DATE: December 24, 1980


MATTER


DIGEST:


OF:  Richard G. Martello - Transportation of
     Household Goods - Excess Weight

 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 ex-
 ,ceeded 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
 lack of official stamp and weigh
 station's record of weighing 9 months
 later does not clearly indicate one
 of the certificates is in error where
 certificate contains GBL number, em-
 ployee's name, stamped name of carrier,
 and initials of weighing station employee.
 Burden of proof is on claimant to estab-
 lish liability of United States and
 claimant's right to payment.


     Mr. Richard G. Martello, a former civilian employee
of the Department of the Army, requests reconsideration
of his alleged indebtedness of $391.54 for excess costs
incurred in the shipment of his household goods on
October 24, 1973, from Chicago, Illinois, to Davenport,
Iowa, incident to his official change of station. The
indebtedness was sustained by our Claims Division in its
settlement of June 27, 1977 (Z-2616397).

     The.issue presented is whether Mr. Martello has
presented evidence sufficient to cast doubt on the verac-
ity of a certified weight certificate. We do not think
that Mr. Martello has met this burden.

     The record shows that Mr. Martello's household goods
were shipped from Chicago, Illinois, to Davenport, Iowa,


I Vio02.


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