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B-239661 1 (1990-06-04)

handle is hein.gao/gaobadntb0001 and id is 1 raw text is: 


~    ~     Comptroller General
           of the United States
           Washington, D.C. 2054

           Decision



           Matter of: Colonel Rodney M. Atack, USA

           File:       B-239661

           Date:       June 4, 1990

           DIGEST

           A service member is responsible for excess weight expenses
           incurred in a government-paid household goods move where he
           has not established that the service's excess-weight
           determination, which was based on certified weight tickets
           showing a substantial difference between the actual weight
           and the member's allowable weight, was wrong.


           DECISION

           Army Colonel Rodney Atack appeals our Claims Group's denial
           of reimbursement for excess weight costs ($1,321.34) assessed
           against him by the Army resulting from the movement of his
           household goods pursuant to a permanent change of station. We
           affirm that denial.

           Colonel Atack was authorized a household goods allowance of
           13,000 pounds incident to the move. This allowance was
           exceeded by over 3,000 pounds as evidenced by the carrier's
           certified weight tickets. Colonel Atack, however, claims
           that goods other than his must have been included in the
           shipment, asserting that he shipped substantially the same
           goods in connection with a move 3 years earlier and that
           shipment weighed approximately 13,000 pounds. Colonel Atack
           also offers in support of his claim a statement by a fellow
           member who accompanied him when the shipment was unloaded at
           his home that there were building materials aboard the van
           that did not belong to the Colonel.

           Section 406 of title 37, United States Code, provides for the
           shipment of a member's household goods at government expense
           incident to a permanent change of station, under such
           conditions as are prescribed in the implementing regulations.
           Volume 1 of the Joint Federal Travel Regulations, para. U5012,
           provides that such goods may be transported at government
           expense under prescribed weight limitations, with any excess
           weight moved at the member's expense.

           We have said on numerous occasions that the determination of
           whether and to what extent authorized weights have been



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