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2021-06-11T15:37:11-04:00
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(____________________________________ )Tj
(DATE: September 5, 1996)Tj
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(In Re: Andrews Forwarders, Inc.)Tj
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(Claims Case No. 96070207)Tj
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(Claimant)Tj
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(____________________________________)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(Where a service member places his household goods into nontemporary stor\
age \(NTS\), and the )Tj
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(descriptive inventory)Tj
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(prepared by the NTS contractor indicates that a shipment of a service )Tj
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(member's household goods contained two)Tj
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(televisions, a carrier who obtains the household goods )Tj
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(from the contractor without documenting by rider or otherwise)Tj
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(that it did not receive either )Tj
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(television, is not liable for the loss where the evidence is clear that \
both sets were delivered)Tj
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(NTS prior to the carrier's control over the household goods.)Tj
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(DECISION)Tj
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(Andrews Forwarders, Inc. \(Andrews\) appeals the U.S. General Accounting\
Office's \(GAO\) )Tj
(Settlement Certificate Z-)Tj
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(2729037-127, dated October 5, 1995, which denied its claim for )Tj
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( Pursuant to Public Law No. 104-53, November 19, 1995,)Tj
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(effective June 30, )Tj
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(1996, the authority of the GAO to adjudicate carriers' reclaims of amoun\
ts deducted by the Services)Tj
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(for transit loss/damage was transferred to the Director, Office of Manag\
ement and Budget who )Tj
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(delegated this authority)Tj
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(to the Department of Defense.)Tj
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(Background)Tj
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(Andrews' claim involves the issue of whether it is liable for the loss o\
f a Sony television from the )Tj
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(shipment of the)Tj
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(household goods of a service member. )Tj
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(The service member tendered his household )Tj
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(goods to a nontemporary storage)Tj
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(\(NTS\) facility in Richmond, California on September 28, 1987, )Tj
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(and Andrews acquired control of them under Personal)Tj
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(Property Government Bill of Lading )Tj
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(TP-739,961 at the NTS facility on March 27, 1991. )Tj
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(Andrews transported them to)Tj
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(the member's )Tj
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(new residence in Burke, Virginia where they were delivered in April 1991\
. )Tj
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(Upon delivery, the )Tj
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(service)Tj
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(member noted the loss of the television. The Navy paid the service membe\
r $1,199 for the )Tj
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(loss, and the Navy set off )Tj
(a)Tj
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(total of $1,274 from Andrews, $1,199 for transit loss plus $75 for )Tj
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(unearned freight charges.)Tj
-26.469 -2.125 Td
(The descriptive inventory prepared by the NTS contractor indicates that \
there were two color )Tj
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(televisions in this lot of)Tj
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(household goods, Items 138 and 139. )Tj
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(An application for Shipment and/or )Tj
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(Storage of Personal Property \(DD Form 1299\))Tj
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(prepared August 18, 1988, by the Naval Supply )Tj
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(Center, Oakland, California, designated various items for early delivery\
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(out from NTS to Coronado, )Tj
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(California. )Tj
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(This DD Form 1299 indicated that these items were to be received by the \
service)Tj
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(member or his daughter. )Tj
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(Item 138, but not Item 139, was one of the specified items. )Tj
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(The record )Tj
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(also indicates that on)Tj
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(January 22, 1990, the service member filed a second DD Form 1299 to rele\
ase )Tj
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(a piano stool \(Item 91\) and a piano, )Tj
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(not)Tj
-46.125 -1.125 Td
(indicated in the inventory, to a third person. )Tj
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(An annotation )Tj
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(in the remarks section of the NTS contractor's descriptive)Tj
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(inventory indicates that the third person )Tj
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(received not only the piano, but also a Sony television, on February 22,\
1990.)Tj
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(No item number was )Tj
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(annotated with respect to this television. )Tj
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(Finally, the record indicates that Andrews prepared a)Tj
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(taking specific exceptions to the NTS contractor's descriptive inventory\
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(requested, but the)Tj
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(member at final destination. )Tj
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(of the NTS contractor's inventory, that there was no service order)Tj
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