[Review of Disallowance of Claim for Refund of Weight Charges]

A Navy officer requested a review of the Claims Group's disallowance of his claim for a refund relating to the movement of his household goods incident to a permanent change of station. The claimed amount had been collected by the Navy as reimbursement for of transportation charges on the weight of a shipment that was in excess of the officer's allowance. The officer contended that weighings of the shipment during transit varied significantly, the actual weight was substantially lower than that recorded, and subsequent to the move the carrier's privilege of participating in military traffic was suspended because of its record of poor service. In addition, he claimed that the carrier had the opportunity to falsify the weights and that the weight of a previous shipment of the same household goods was far lower. GAO will not question an agency determination of whether and to what extent authorized weights have been exceeded absent the submission of evidence of fraud or error. The record showed that the carrier weighed the shipment using procedures which satisfied the law and that the carrier was entitled to be paid based on the weight so obtained. The difference obtained by reweighing was within the tolerances anticipated by Federal regulations. In addition, the claimant's inference that the carrier intended to falsify the weights was far too speculative a basis for inferring the commission of fraud. The record showed that the carrier's suspension was due to poor service and carelessness, not falsification of weight tickets. GAO found that the claimant failed to satisfy the burden of proof on the issue of fraud or error. Accordingly, the Claims Group disallowance of the claim was sustained.