BNUMBER:  B-261770
DATE:  February 27, 1996
TITLE:  [Letter]

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B-261770

February 27, 1996

Air Force Legal Services Agency
AFLSA/JACC
172 Luke Avenue, Suite 343
Bolling Air Force Base, DC  20332-5113

Dear Sirs:

Andrews Van Lines, Inc., has appealed our Claims Group settlement 
Z-2729037(90), dated May 24, 1995, concerning the loss/damage to the 
household goods shipment of Gareth K. Snyder under GBL #TP-491,639.  
The Air Force claim number is OT/D/VKAG/92/00399/CR and JACC # 
9207009.

We have reviewed the matter and find that Andrews is entitled to a 
refund of $137.53 for items No. 46 (Flower Pot-$40.50), No. 49 (Flower 
Arrangement-$92.63), and No. 105 (Crystal Dish-$4.40).  All of these 
items were noted by the shipper in the claim filed as being broken by 
the packer.  Since Andrews was not the carrier who packed the items 
but picked the shipment up from nontemporary storage, it is clear this 
was preexisting damage, even if not so noted on the inventory, based 
on the evidence in the file.  In addition, Andrews is now due the 
refund for item No. 126 (Wooden Duck - $15), which you had previously 
agreed was due but because it was less than the $25 threshold 
established in the Military-Industry Memorandum was not paid.  
Therefore, the total refund should be $152.53.

Regarding the other items appealed by Andrews, we have reviewed the 
entire record and find the Claims Group settlement to have been proper 
and affirm the remainder of the settlement.

Sincerely yours,

/s/Lowell Dodge
for Robert P. Murphy
General Counsel

cc:
Andrews Van Lines, Inc.
7th Street and Park Avenue
Norfolk, NE  68701
Attn:  Carolyn Funk
         Claims and Public Relations
B-261770                      February 27, 1996
DIGEST
Where shipper notes in claim submission to Air Force that damaged 
items were broken by packers prior to household goods going to 
nontemporary storage, delivering carrier is not liable for damages 
even though no exception was taken on inventory.