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B-213543 1 (1983-12-07)

handle is hein.gao/gaobadlld0001 and id is 1 raw text is: OECISION FILE: B-213543 MATTER OF: DIGEST: THE COMPTROLLER EEAN OF THE UNITED STATES WAS H I NGTO N, 0.C. 20548 DATE: December 7, 1983 Captain Roger L. Reasonover, Jr., USN 1. Navy's assessment of excess weight charges based on weight tickets issued by a certified weighmaster is a valid basis for computing net weight of a member's household goods. That assessment cannot be changed based on the member's allega- tions that the scales were operated by the carrier's parent company; the driver refused to reweigh tare weight on inde- pendent scales; the carrier, subsequent to the move, was suspended from military traffic; and illegally increasing weight has been practiced by some in the moving industry. 2. The General Accounting Office will not disturb the agency's determination of the net weight of a service member's house- hold goods shipment in the absence of clear error or fraud. Where the cumu- lative effect of circumstantial evidence is insufficient to establish clear error or fraud, the claimant has not met his burden of proof so as to have his claim for excess weight charges collected from him allowed. 3. The carrier's mere opportunity to fraud- ulently increase the weight of a house- hold goods shipment and the carrier's suspension from traffic for reasons of poor service do not constitute sufficient evidence to establish that weight the carrier charged for on a particular ship- ment was erroneous or fraudulent when that weight is based on the required weight tickets.

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