BNUMBER:  B-261306
DATE:  September 1, 1995
TITLE:  Allied Van Lines

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Matter of:Allied Van Lines

File:     B-261306

Date:     September 1, 1995

DIGEST

Where there is a dispute in the record as to whether carrier received 
complete inventory at time it took possession of household goods at 
nontemporary storage warehouse which carrier alleges it did not 
receive but Army has furnished copy of inventory from warehouse, 
carrier has not carried its burden of proof to show it is not liable 
for loss of a tendered item.

DECISION

Resource Protection, representing Allied Van Lines, has requested 
reconsideration of our Claims Group's settlement certificate 
Z-151685-77, dated March 13, 1995, which denied the claim of the 
carrier, for a refund of an offset by the Army of $1,248 for damages 
to a shipment of household goods.

Allied picked up the service member's household goods at a 
nontemporary storage warehouse in Abilene, Texas, and delivered them 
to Fort Bragg, North Carolina, where the member noted damage and 
missing items on the Notice of Loss and Damage (DD Forms 1840 and 
1840R).  

Resource Protection, argues that when Allied's driver arrived at the 
warehouse to pick up the household goods, the warehouse was unable to 
supply a complete copy of the original inventory and therefore, the 
driver prepared a new inventory of the items it received from the 
warehouse.  Resource Protection contends that if an item did not 
appear on the inventory prepared by its driver, the item was not 
tendered to it at the warehouse.  None of the missing items for which 
an offset was taken appear on the Allied prepared inventory.

The Army has advised our Office that, following Allied's request for a 
refund, it contacted the warehouse which advised that the original 
inventory, which the warehouse furnished to the Army and the Army 
forwarded to our Office, was available when Allied's driver picked up 
the household goods.  Therefore, the list of household goods which 
Allied's driver prepared was a rider noting additional damage to the 
goods, not a new inventory of all the household goods in the shipment.

While Resource Protection continues to argue that the original 
inventory was not available, we do not find that the carrier has met 
its burden of proof required to show that it is not liable for the 
loss of a tendered item in view of the disputed facts.  National 
Forwarding Co., Inc., B-238982.2, June 3, 1991.  As the last carrier 
of the goods, Allied bears the liability for the losses.  57 Comp. 
Gen. 415 (1978).

We affirm the settlement of the Claims Group.

/s/Seymour Efros
for Robert P. Murphy
General Counsel