%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:37:21-04:00
2021-06-11T15:37:21-04:00
2021-06-11T15:37:21-04:00
Adobe Acrobat 17.0
application/pdf
96070232
uuid:90f27889-a5df-473c-9ab0-da3bb5a9d3e8
uuid:d3cab2a8-91dc-4691-9bd5-884463b51164
Acrobat Web Capture 15.0
endstream
endobj
5 0 obj
<>
endobj
6 0 obj
<>
endobj
3 0 obj
<>
endobj
7 0 obj
<>
endobj
8 0 obj
<>
endobj
15 0 obj
<>>>
endobj
16 0 obj
<>
endobj
17 0 obj
<>
endobj
19 0 obj
[18 0 R 18 0 R]
endobj
20 0 obj
[18 0 R 18 0 R]
endobj
21 0 obj
[18 0 R 18 0 R]
endobj
18 0 obj
<><><><>]/P 16 0 R/Pg 12 0 R/S/Article>>
endobj
12 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
22 0 obj
[28 0 R]
endobj
23 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(96070232)Tj
EMC
/Artifact <>BDC
0 -86 TD
(file:///usr.osd.mil/)Tj
7.166 0 Td
(...)Tj
(r/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/claims/transportation/Ar\
chived%20-%20HTML/96070232.html)Tj
49.712 0 Td
([6/11/2021 3:37:21 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
0.604 g
q 1 0 0 1 16.0002 734.2497 cm
0 0 m
0.75 -0.75 l
579 -0.75 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 733.5 cm
0 0 m
-0.75 -0.75 l
579 -0.75 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 732.7503 cm
0 0 m
0.75 0.75 l
0 1.499 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 733.5 cm
0 0 m
0.75 -0.75 l
0.75 0.75 l
h
f
Q
/Article <>BDC
EMC
/Article <>BDC
BT
0 g
12 0 0 12 16 749.25 Tm
(DATE: November 4, 1996)Tj
0 -2.75 TD
(In Re:)Tj
0 -2.125 TD
(Fogarty Van Lines)Tj
T*
(Claimant)Tj
T*
(Claims Case No. 96070232)Tj
/TT1 1 Tf
15.224 -2.125 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
T*
(Carrier does not meet its burden to overcome the )Tj
19.799 0 Td
(prima)Tj
ET
0.75 w
q 1 0 0 1 253.5918 562.5 cm
0 0 m
27.99 0 l
h
S
Q
BT
12 0 0 12 281.582 563.25 Tm
( )Tj
(facie)Tj
ET
q 1 0 0 1 284.582 562.5 cm
0 0 m
23.309 0 l
h
S
Q
BT
12 0 0 12 307.8906 563.25 Tm
( case for loss or damage to a service )Tj
14.688 0 Td
(member's household)Tj
-39.013 -1.125 Td
(goods by merely arguing that the Joint Statement of Loss or Damage at )Tj
28.744 0 Td
(Delivery \(DD Form 1840\) is suspect. )Tj
(The DD)Tj
-28.744 -1.125 Td
(Form 1840 appears to be valid on its face; it )Tj
17.885 0 Td
(indicates that it was signed and dated on the delivery date by the servi\
ce)Tj
-17.885 -1.125 Td
(member and the carrier's )Tj
10.12 0 Td
(representative and that certain items were reported as lost or damaged. \
)Tj
28.433 0 Td
(The carrier's attempt to)Tj
-38.552 -1.125 Td
(impeach the DD Form 1840 with evidence that the government failed to che\
ck a "Yes" block on an )Tj
39.916 0 Td
(associated Shipment)Tj
-39.916 -1.125 Td
(Evaluation and Inspection Record \(DD Form 2223\), to indicate that ther\
e was )Tj
31.353 0 Td
(recorded loss or damage at delivery, fails)Tj
-31.353 -1.125 Td
(because while the government did not check the "Yes" )Tj
22.115 0 Td
(block on the DD Form 2223, neither did it check the "No" block.)Tj
-22.115 -1.125 Td
(The DD Form 2223 was not fully )Tj
(completed, and the Army explained that it forwarded a copy of the DD For\
m 2223 to)Tj
0 -1.125 TD
(the carrier )Tj
4.33 0 Td
(before the end of the time period provided for the delivering agent to f\
orward the DD Form 1840 to )Tj
40.072 0 Td
(the Army)Tj
-44.402 -1.125 Td
(transportation officer reporting loss or damage at delivery. )Tj
23.631 0 Td
(This is not clear and )Tj
8.359 0 Td
(convincing evidence necessary to)Tj
-31.99 -1.125 Td
(overcome an apparently valid DD Form 1840.)Tj
/TT1 1 Tf
0 -2.125 TD
(DECISION)Tj
/TT0 1 Tf
T*
(Fogarty Van Lines \(Fogarty\) appeals the U. S. General Accounting Offic\
e's \(GAO\) Settlement )Tj
38.086 0 Td
(Certificate Z-2710209-9,)Tj
-38.086 -1.125 Td
(dated November 27, 1991, which denied its claim for reimbursement of )Tj
28.909 0 Td
($592 deducted by the Army for transit loss and)Tj
-28.909 -1.375 Td
(damage to the household goods shipment of a )Tj
18.552 0 Td
(service member.)Tj
0 0 0.933 rg
9.75 0 0 9.75 317.9219 351.75 Tm
(\(1\))Tj
ET
0 0 0.933 RG
q 1 0 0 1 317.9219 351 cm
0 0 m
11.369 0 l
h
S
Q
BT
0 g
12 0 0 12 329.2905 347.25 Tm
( Pursuant to Public Law No. 104-53, November 19,)Tj
-26.108 -1.125 Td
(1995, effective June 30, )Tj
9.83 0 Td
(1996, the authority of the GAO to adjudicate carriers' reclaims of amoun\
ts deducted by the)Tj
-9.83 -1.125 Td
(Services )Tj
(for transit loss/damage was transferred to the Director, Office of Manag\
ement and Budget who )Tj
41.875 0 Td
(delegated this)Tj
-41.875 -1.125 Td
(authority to the Department of Defense.)Tj
/TT1 1 Tf
21.517 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(Fogarty picked up the household goods of the service member in Louisiana\
and delivered them to )Tj
39.323 0 Td
(Jamestown, North)Tj
-39.323 -1.125 Td
(Dakota on August 8, 1987. )Tj
(The Army set off $934 on December 19, 1989, for )Tj
31.466 0 Td
(loss and damage to the shipment. )Tj
13.525 0 Td
(Fogarty)Tj
-44.991 -1.125 Td
(denied all liability claiming lack of timely notice. )Tj
20.022 0 Td
(Upon )Tj
(reconsideration the Army determined that timely notice of)Tj
-20.022 -1.125 Td
(damages discovered after delivery was )Tj
15.743 0 Td
(not provided the carrier. )Tj
9.913 0 Td
(In February 1990, Fogarty was issued a refund of $342)Tj
-25.656 -1.125 Td
(covering all items )Tj
7.415 0 Td
(not indicated on the Joint Statement of Loss or Damage at Delivery \(her\
eafter referred to as the DD)Tj
-7.415 -1.125 Td
(Form 1840\).)Tj
T*
(Fogarty's claim asserted that the driver stated that there was no damage\
noted on delivery and that its )Tj
40.612 0 Td
(copy of DD Form)Tj
-40.612 -1.125 Td
(1840 did not list any damage. )Tj
12.082 0 Td
(Fogarty was unable to provide a copy of its blank )Tj
20.051 0 Td
(DD Form 1840, but argued that the)Tj
-32.133 -1.125 Td
(Shipment Evaluation and Inspection Record \(hereafter referred )Tj
25.461 0 Td
(to as the DD Form 2223\), )Tj
(a form prepared by the Army)Tj
-25.461 -1.125 Td
(to evaluate the carrier, supported its claim )Tj
17.049 0 Td
(that there was no damage noted on the DD Form 1840. )Tj
22.217 0 Td
(The carrier stated that)Tj
-39.266 -1.125 Td
(their first notice of )Tj
7.72 0 Td
(damage to the shipment was the subrogation claim from the Army received \
over a year after)Tj
-7.72 -1.125 Td
(delivery. )Tj
3.776 0 Td
(The Army Claims Service contends that the DD Form 1840 is valid and iden\
tifies )Tj
32.938 0 Td
(extensive damage. )Tj
7.636 0 Td
(The)Tj
-44.351 -1.125 Td
(administrative report indicates that the Army contacted the member's wif\
e )Tj
29.892 0 Td
(on March 8, 1990 to corroborate the)Tj
-29.892 -1.125 Td
(information on the DD Form 1840. )Tj
14.304 0 Td
(She confirmed that )Tj
7.859 0 Td
(extensive exceptions were noted at delivery on DD Form 1840.)Tj
-22.163 -2.125 Td
(Fogarty appealed the set off to GAO. )Tj
15.107 0 Td
(On November 27, 1991, GAO settled this claim against )Tj
22.468 0 Td
(Fogarty finding that the)Tj
ET
EMC
endstream
endobj
24 0 obj
<>
endobj
25 0 obj
(@8\\Y85$)
endobj
26 0 obj
<>
endobj
27 0 obj
<>
endobj
31 0 obj
<>
endobj
32 0 obj
<>stream
H\n0y
CQ%Vhb:P~1:i_;'*c wߛ&hZg=][6 L7]=(W8QWWYGX'?ӳ/Rћ[wZAT݆:rĐ` kDKٺaudoDơ6kw%a䐝9o=K٥1ߵWYqvC'[-NxǬ5s*2̅p|>2Og iAZ4;8#; #Ȟ(Ȟ(Ȟx>033'''g*n)rnrV|[6˓Zm=^S 6
endstream
endobj
33 0 obj
<>stream
H|w\TWg3Cm