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B-260695 1 (1995-09-29)

handle is hein.gao/gaocrptacai0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision




Matter of: Allied Freight Forwarding, Inc.

File:        B-260695

Date:        September 29, 1995

DIGEST

A prima facie case of carrier liability for the loss of a non-inventoried item of a
service member's household property exists when tender of the item to the carrier
is shown by the following: the service member expressed his intent to ship the
item on an Inventory of Household Goods (DD Form 1701) executed shortly before
the move; the member wrote his own statement indicating that he held possession
of the VCR until shipment, that the carrier obtained possession of all of the
property in his quarters, and the carrier prepared the inventory.

DECISION

Allied Freight Forwarding, Inc. requests that we review our settlement affirming the
Army's set off of $252 for the transit loss of a Goldstar VCR in a service member's
household shipment.' The only issue is whether the service member offered
sufficient evidence of his tender of the VCR to Allied to establish a Drima facie case
of transit loss. In our view, there is sufficient evidence of tender of the VCR, and
we affirm the prior settlements.

The record indicates, among other things, that the service member, a Specialist
(E-4), tendered his household goods to Allied on August 24, 1989, and that Allied
and the service member signed a Descriptive Inventory on that date. The inventory
did not list the VCR, and Allied did not deliver the VCR when it delivered other
household goods to the service member on October 14, 1989. However, the record
contains the service member's Inventory of Household Goods (DD Form 1701),
which he completed on July 28, 1989, and in which he indicated that he intended to
ship a Goldstar VCR that he purchased in 1986. The record also contains a
statement in the service member's own handwriting suggesting that Allied's
representative packed all of the goods at origin and assigned the inventory numbers.


'The shipment moved under personal property government bill of lading RP-568,634
involving Lowell E. Gillespie.


946926

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