November 5, 1997
                                                  


                             GSBCA 14288-RELO


                    In the Matter of ROBERT G. GINDHART


     Robert G. Gindhart, Prince Frederick, MD, Claimant.

     D. Holloman, Supervisor, PPTY Audit Division, Naval
Transportation Support Center, Norfolk, VA, appearing for
Department of the Navy.

DANIELS, Board Judge (Chairman).

     When an agency transfers one of its employees from one
permanent duty station to another in its own interest, the agency
shall pay "the expenses of transporting, packing, crating,
temporarily storing, draying, and unpacking [the employee's]
household goods and personal effects not in excess of 18,000
pounds net weight."  5 U.S.C.  5724(a)(2) (1994).  If the
employee's goods and effects weigh more than 18,000 pounds, the
employee is responsible for expenses associated with the
additional weight.  41 CFR 302-8.3(a)(2), (b)(5) (1996); JTR
C4353.

     The burden of proving that certified weights for the
movement of household goods are incorrect is exceedingly heavy
and rests on the claimant.  Agency determinations of net weight
will be set aside only where a claimant can show clear and
substantial evidence of error or fraud.  Jayme A. Norris, GSBCA
13663-RELO, 97-2 BCA  29,049; see also Captain Eric W. Burch,
B-258964 (July 12, 1995). 

     Against these standards, we consider a claim by Robert G.
Gindhart, a civilian employee of the Department of the Navy.  In
1996, the Navy transferred Mr. Gindhart from Pennsylvania to
Maryland.  In so doing, the agency took responsibility for moving
the employee's household goods.  The goods weighed 20,440 pounds,
and the Navy contends that because it is obligated to pay for
moving only 18,000 pounds, Mr. Gindhart must foot the bill for
the remaining 2,440.  The employee insists to the contrary that
the weight of his goods as shipped will forever be unknown, since
the figure identified by the Navy includes a good deal of water.

     In support of his position, Mr. Gindhart makes the following
statements.  The movers engaged by the Navy loaded his belongings
in the midst of a driving rainstorm.  In the course of their
work, the movers temporarily left many items (including
mattresses) outside, where they became waterlogged.  In addition,
the movers left the van open while they were loading it, allowing
a considerable amount of water to accumulate on its floor and be
absorbed by the goods later.  The  Navy does not deny any of
these statements; it supports their validity by having granted
most of Mr. Gindhart's claim resulting from water damage to his
furniture.

     In our view, Mr. Gindhart's statements meet the burden of
proving that the determination of net weight by the mover, on
which the Navy relies, is marred by clear and substantial
evidence of error.  The Navy's attempt to charge the employee for
the transportation of water which entered the shipment as a
result of actions of the mover, the agency's agent, is patently
unreasonable.  The statute speaks in terms of "net weight" of
household goods, and implementing regulations make clear that
padding, crating material, and special containers do not count as
part of that net weight.  41 CFR 302-8.2(c)(1)-(3); JTR
C8000.B.1-3.  The point of these rules is that in determining how
much the Government and the employee should each pay for a
shipment, the employee's share must be based on the weight of his
own goods alone.  Water the mover allowed to saturate Mr.
Gindhart's belongings, like padding, crating material, and
special containers, may not properly be considered as part of the
net weight of his goods.

     If the Navy is able to make reasoned estimates of the weight
attributable to the absorption of water by the belongings, it may
adjust the certified weight to account for these estimates, and
then collect from Mr. Gindhart charges associated with the excess
weight as adjusted.  Colonel Donald MacLeod, Jr., B-214373 (Jan.
3, 1985).  As long as the Navy holds fast to a clearly erroneous
number, however, it may not assess against Mr. Gindhart any
charges for excess weight.





                                   _________________________
                                   STEPHEN M. DANIELS
                                   Board Judge