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(DATE: April 28, 1997)Tj
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(In Re:)Tj
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(American Van Services, Inc.)Tj
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(Claimant)Tj
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(Claims Case No. 96081202)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(This Office will not question an agency's calculation of the value of th\
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(shipment of a service)Tj
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(DECISION)Tj
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(American Van Services, Inc. \(American\) appeals the U.S. General Accoun\
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( Pursuant )Tj
(to Public Law No. 104-316, October 19, 1996, title 31)Tj
-22.191 -1.125 Td
(of the United States Code, Section 3702 was )Tj
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(amended to provide that the Secretary of Defense shall settle claims by)Tj
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(transportation carriers )Tj
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(involving amounts collected from them for loss or damage incurred to pro\
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(shipment )Tj
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(Background)Tj
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(The household goods shipment was picked up at Montgomery, Alabama on Jun\
e 29, 1993, and )Tj
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(delivered to Herndon,)Tj
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(Virginia, on August 2, 1993. )Tj
(The Service paid the shipper for damage and )Tj
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(loss and set off $1,202.30 against the carrier.)Tj
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(American appealed this offset to the GAO. )Tj
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(Except for )Tj
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(determination that the Service's )Tj
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(report revealed no error of fact or law. )Tj
15.575 0 Td
(The carrier seeks a refund of an additional)Tj
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($423.30 for the )Tj
(following items: )Tj
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(Item #113, a file cabinet; Item #119, a desk; Item # 161, a wardrobe; It\
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(desk; Item #236, a washer; and Item #252, a lawnmower.)Tj
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(The Descriptive Inventory showed that the file cabinet was stained on to\
p and had tape around the )Tj
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(drawers. )Tj
(The Joint)Tj
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(Statement of Loss or Damage, DD Form 1840, indicated the cabinet was ben\
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(the back and bottom and the Notice of)Tj
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(Loss and Damage, DD Form 1840R, indicated that the )Tj
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(cabinet was marred by mover-applied tape around the drawers.)Tj
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(In its Administrative Report the )Tj
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(Service discussed the DD Form 1840 damage stating that it was different \
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(existing )Tj
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(damage noted on the Descriptive Inventory. )Tj
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(The cabinet was purchased in April 1993 for $99 and )Tj
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(the)Tj
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(1844, by the Claims)Tj
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(Office was $87. )Tj
(American argues it is unjust to allow full replacement cost for )Tj
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(an item with pre-existing damage simply)Tj
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(because of the shipper's self-serving statement that the item )Tj
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(is beyond use.)Tj
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(The damage claimed on the DD Form 1840R to the desk, Item #119, is paint\
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(Pre-existing damage including)Tj
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(scratches, rubs, and chips were noted on the Inventory. )Tj
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(The Service )Tj
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(claims that the repair cost is reasonable. )Tj
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(The)Tj
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(Inventory noted scratches and dent on the left side, )Tj
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(right side, and front of the wardrobe plus rubs. )Tj
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(The DD Form 1840R)Tj
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(shows that the side of the )Tj
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(wardrobe was dented. )Tj
(The Service apportioned an amount for depreciation and for the pre-)Tj
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(existing )Tj
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(damage. )Tj
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(For Item #234, another desk, the Inventory noted that the legs were scra\
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(The DD )Tj
(Form 1840R)Tj
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(noted that a wood runner was missing. )Tj
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(The Service set off $30 for repair of this desk )Tj
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(without requiring an estimate,)Tj
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(citing the nominal repair cost as justification and arguing that the )Tj
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(carrier had sufficient information to obtain its own)Tj
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