Encl. (1) to COMDTINST 4610.6
d.
(1) General. The TO/TM bases the determination of responsibility for loss or damage on
sound and conclusive evidence compiled during the investigation and completes block
37 of the TDR to show the determination. The TO/TM enters only factual
information when describing discrepancies and clearly defines the circumstances
surrounding the loss or damage in the remarks section of the TDR. When facts are
established from oral testimony, the persons(s) who gave the testimony must be
identified by name and position. Direct statements must be quoted. When needed,
the TO/TM should request assistance from the staff judge advocate in evaluating the
evidence to determine responsibility for loss or damage.
(2) Shipper or Contractor Responsibility. The TO/TM obtains the findings of the
contract administration officer (CAO) as to shipper or contractor liability under the
terms of the contract when warranted by the evidence. When this responsibility is
indicated, these findings are required even if carrier liability is involved. Use the SF
364, Report of Discrepancy, for reporting, adjusting, and accounting for item
discrepancies in shipments determined to be shipper or contractor responsibility.
(3) Clear Delivery Receipt. When the carrier holds a clear delivery receipt for goods
later found to have been short or damaged, the receipt may not be construed as final
since the terms of the receipt may be varied by the facts actually developed. The
actual facts may be explained through the use of signed statements or affidavits made
by personnel who executed such clear receipt and later discovered the shortage or
damage. This way, it may be possible to prove the discrepancy did, in fact, exist at the
time of delivery. Claims for in transit loss or damage are extremely difficult to
sustain when a carrier has been given a clear delivery receipt. The utmost care must
be exercised by transportation personnel to avoid releasing signed delivery receipts
before thoroughly examining the property delivered.
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