%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T15:37:57-04:00
2021-06-11T15:37:57-04:00
2021-06-11T15:37:57-04:00
Adobe Acrobat 17.0
application/pdf
98043011
uuid:903c23be-1b47-47f1-95dc-b57227099746
uuid:7b5ef774-f57c-4627-87db-504fc37762af
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
14 0 obj
<>>>
endobj
15 0 obj
<>
endobj
16 0 obj
<>
endobj
18 0 obj
[17 0 R 17 0 R]
endobj
19 0 obj
[17 0 R 17 0 R]
endobj
17 0 obj
<><>]/P 15 0 R/Pg 12 0 R/S/Article>>
endobj
12 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
20 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(98043011)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/98043011.html)Tj
49.712 0 Td
([6/11/2021 3:37:57 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
/Article <>BDC
EMC
/Article <>BDC
BT
0 g
12 0 0 12 16 749.25 Tm
(DOHA Claims Case No. 98043011)Tj
21.365 -2.125 Td
(May 13, 1998)Tj
-21.365 -2.125 Td
(Resource Protection)Tj
0 -2.125 TD
(P.O. Box 3417)Tj
T*
(Tampa, FL 33601-3417)Tj
T*
(Subject: PPGBL No. VP-953,458; Army Claim No. 94-121-1917; Carrier Claim\
942692)Tj
T*
(Dear Mr. Cates:)Tj
T*
(This letter refers to your April 27, 1998, correspondence requesting tha\
t I immediately review the)Tj
/Span<>> BDC
( )Tj
EMC
39.293 0 Td
(February 23, 1998,)Tj
-39.293 -1.125 Td
(decision of the Claims Appeals Board \(Board\), Defense Office of Hearin\
gs and)Tj
/Span<>> BDC
( )Tj
EMC
32.018 0 Td
(Appeals \(DOHA\), in DOHA Claims)Tj
-32.018 -1.125 Td
(Case No. 97122314. )Tj
(In that decision, the Claims Appeals)Tj
/Span<>> BDC
( )Tj
EMC
23.163 0 Td
(Board reversed a November 24, 1997, Settlement Certificate)Tj
-23.163 -1.125 Td
(issued by DOHA's adjudicators in)Tj
/Span<>> BDC
( )Tj
EMC
(Claim No. 97090401, which would have allowed a refund of $284 to Allied)Tj
0 -1.125 TD
(Transportation)Tj
/Span<>> BDC
( )Tj
EMC
6.137 0 Td
(Forwarding, Inc. for mildew damage to the contents of Descriptive Invent\
ory Item No. 219, a red)Tj
-6.137 -1.125 Td
(suitcase, shipped under Personal Property Government Bill of Lading No. \
VP-953,458 and delivered)Tj
/Span<>> BDC
( )Tj
EMC
40.603 0 Td
(on July 13, 1994.)Tj
-40.603 -2.125 Td
(Our adjudicators allowed the carrier's claim because Item 219 had not be\
en listed on either the Joint)Tj
/Span<>> BDC
( )Tj
EMC
40.194 0 Td
(Statement of Loss)Tj
-40.194 -1.125 Td
(or Damage at Delivery \(DD Form 1840\), which listed specific item numbe\
rs, or)Tj
/Span<>> BDC
( )Tj
EMC
32.186 0 Td
(on the Notice of Loss or Damage \(DD)Tj
-32.186 -1.125 Td
(Form 1840R\), which was dispatched on July 22, 1994,)Tj
/Span<>> BDC
( )Tj
EMC
22.109 0 Td
(without reference to specific damaged item numbers but with the)Tj
-22.109 -1.125 Td
(comment that "clothing/textiles")Tj
/Span<>> BDC
( )Tj
EMC
13.23 0 Td
(had "water damage/mildew." )Tj
11.868 0 Td
(Notice of loss or damage must be dispatched to the)Tj
-25.098 -1.125 Td
(carrier within 75)Tj
/Span<>> BDC
( )Tj
EMC
6.914 0 Td
(days of delivery.)Tj
-6.914 -2.125 Td
(On appeal, the Board rejected as untimely the Army's attempt to introduc\
e new evidence )Tj
35.696 0 Td
(supporting a notice of damage)Tj
-35.696 -1.125 Td
(within the 75-day period. )Tj
10.359 0 Td
(However, the Board did review the claims)Tj
/Span<>> BDC
( )Tj
EMC
17.161 0 Td
(record as it existed and found the original)Tj
-27.52 -1.125 Td
(Government Inspection Report \(DD Form 1841\), with a)Tj
/Span<>> BDC
( )Tj
EMC
22.635 0 Td
(continuation page listing Item 219, in which the Installation)Tj
-22.635 -1.125 Td
(Transportation Officer certified that he)Tj
/Span<>> BDC
( )Tj
EMC
15.798 0 Td
(had dispatched a copy of the report to the carrier on August 10, 1994 \(\
copy)Tj
-15.798 -1.125 Td
(enclosed\). )Tj
4.332 0 Td
(Separately,)Tj
/Span<>> BDC
( )Tj
EMC
4.72 0 Td
(the Board also found that the DD Form 1840R was adequate because it advi\
sed the carrier that)Tj
-9.052 -1.125 Td
(the)Tj
/Span<>> BDC
( )Tj
EMC
(clothing and textiles shipped had water damage and mildew.)Tj
0 -2.125 TD
(In requesting review, you reargue your position on appeal that the carri\
er did not receive a copy of)Tj
/Span<>> BDC
( )Tj
EMC
39.624 0 Td
(the DD Form 1841)Tj
-39.624 -1.125 Td
(until the Army presented the claim in February 1995, and you note that o\
n the)Tj
/Span<>> BDC
( )Tj
EMC
31.437 0 Td
(carrier's copy of the DD Form 1841, the)Tj
-31.437 -1.125 Td
("Notice of Loss or Damage" Dispatched block was blank. )Tj
23.366 0 Td
(You did not address the Board's second basis for sustaining)Tj
-23.366 -1.125 Td
(the Army's set off.)Tj
T*
(To prevail on reconsideration the carrier must demonstrate an error in f\
act or law. )Tj
32.903 0 Td
(Neither)Tj
/Span<>> BDC
( )Tj
EMC
3.249 0 Td
(disagreement with a decision)Tj
-36.152 -1.125 Td
(nor restatement of arguments already made establishes that the)Tj
/Span<>> BDC
( )Tj
EMC
25.352 0 Td
(decision was based on an error of fact or law. )Tj
18.41 0 Td
(See)Tj
ET
0.75 w
q 1 0 0 1 541.1406 225 cm
0 0 m
17.326 0 l
h
S
Q
BT
12 0 0 12 16 212.25 Tm
(DOHA Claim Case No. 96091601 \(November)Tj
/Span<>> BDC
( )Tj
EMC
(7, 1996\); and DOHA Claims Case No. 96070215 \(October 15, 1996\).)Tj
0 -1.125 TD
(You have not presented any)Tj
/Span<>> BDC
( )Tj
EMC
11.413 0 Td
(legal authority which indicates that the second basis for the Board's de\
cision was incorrect;)Tj
-11.413 -1.125 Td
(therefore, for this reason alone, it would not be proper for me to rever\
se the Board's decision.)Tj
0 -2.125 TD
(Your request for reconsideration essentially reargues your position on a\
ppeal that there was no)Tj
/Span<>> BDC
( )Tj
EMC
38.099 0 Td
(evidence that the DD)Tj
-38.099 -1.125 Td
(Form 1841 was dispatched within 75 days of delivery. )Tj
21.997 0 Td
(But, on the face of)Tj
/Span<>> BDC
( )Tj
EMC
7.664 0 Td
(what appears to be an original DD Form 1841,)Tj
-29.661 -1.125 Td
(the Installation Transportation Officer certified that)Tj
/Span<>> BDC
( )Tj
EMC
20.825 0 Td
(he had dispatched a notice of loss or damage to the carrier on)Tj
-20.825 -1.125 Td
(August 10, 1994. )Tj
(The DD Form)Tj
/Span<>> BDC
( )Tj
EMC
(1841 is signed by him. )Tj
22.389 0 Td
(While I have considered the contrary evidence you provided, I)Tj
-22.389 -1.125 Td
(must)Tj
/Span<>> BDC
( )Tj
EMC
(presume as a matter of administrative regularity that the Installation T\
ransportation Officer)Tj
/Span<>> BDC
( )Tj
EMC
38.849 0 Td
(dispatched a notice of)Tj
-38.849 -1.125 Td
(loss or damage as he indicated.)Tj
T*
(We trust that this satisfies the purpose of your inquiry.)Tj
20.907 -2.125 Td
(Sincerely yours,)Tj
ET
EMC
endstream
endobj
21 0 obj
<>
endobj
22 0 obj
(3͐<F 8 o)
endobj
23 0 obj
<>
endobj
24 0 obj
<>
endobj
25 0 obj
<>stream
H\Qk@w<ĹsoHm Q1!~xJ+$~nc_m_:C<],\_!2;YYgyƛ[7!gıNfus&pk1G5UyîI|?6DWKb꾉Xut\UVpXƬ,bN)0r`lȏ̏OO
yʜKdz<<3{d