FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

1. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS TASK: PREPARE A FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS CONDITIONS: GIVEN A BLANK DD FORM 200, PROPERTY RECORDS, DOCUMENT REGISTER, AR 735-5, AND CURRENT FEDLOG STANDARDS: PREPARE A DD FORM 200 WITHOUT LOSING ACCOUNTABILITY AND WITHOUT THE REPORT OF SURVEY BEING REJECTED BY THE RESPONSIBLE OFFICER.

3. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

4. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS PURPOSE Account for lost, damaged or destroyed property Serves as a voucher for adjusting property from accountable records Assesses financial liability against an individual Provides relief from financial liability

5. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Initiation A FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS will be initiated when: Negligence is suspected and individual does not admit liability Loss is discovered during a change of command Value exceeds the individuals monthly basic pay Total loss of petroleum (bulk) exceeds allowable loss for that product and the dollar value exceeds $500.00 Loss involves a sensitive item Loss involves public funds Required by higher authority or other DA Regs Directed by an Inventory Adjustment Report approving authority

6. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Step 1 starts with the discovery of the loss Conduct a preliminary search for the item Gather dates and circumstances Prepare the DD 200 Get an investigation number from S4 Get a document number from PBO Submit to appointing authority within 15 days

7. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Initiator- Initiator will normally be the hand receipt holder or the accountable officer. When not available, the person with the most knowledge of the incident will serve as the initiator

8. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Time constraints Must be presented to appointing authority within 15 calendar days of the date of the discrepancy. Total processing time will not exceed 75 days from the discovery of the loss to the date of approval. Any delays will be explained in writing by the person responsible for the delay. As an exception, AWOL soldiers’ OCIE investigation will not be initiated until the soldier is DFR

9. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS BASIC REQUIREMENTS FOR DD FORM 200 Prepare DD FORM 200 IAW AR 735-5 CH 13-9 and fig. 13-4 (page 53).

13. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS BASIC REQUIREMENTS FOR DD FORM 200 Prepare DA FORM 7531 (checklist) and attach to DD FORM 200

14. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS How do I get a DA 7531, its not available on Formflow? 1. Log in to AKO 2. Click on DA PUBS AND FORMS 3. Click on ARMY FORMS 4. Select DA 7406 thru DA 8030-R 5. Download DA 7531 by selecting the second field (FF22). 6. When prompted, select save to computer, and save it in the formflow folder.

16. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Once you have completed the DD 200, DA 7531and have properly labeled all statements and exhibits you are ready to get a survey number from S4, followed by a Document number from the Accountable Officer (PBO)

17. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Accountable officer (PBO) Completes blocks 17a through 17f assigning a document number Retains one copy and posts it to the accountable records Forwards the remaining copies to appointing authority or approving authority as appropriate Initiates replenishment as necessary. (13-16)

18. Approving authority Reviews the report of survey Decides on a course of action (1) relief from responsibility (2) assessment of financial liability (3) appoint a survey officer (4) appoint an AR 15-6 investigation FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

19. If there is enough evidence, the approving authority can make a decision without requiring further investigation. This action is called a “short financial liability investigation of property loss”. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

20. Short financial liability investigation of property loss Relief from responsibility Enter an X in block 13a Complete blocks 14b through 14h File in the inactive file FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

21. Short Financial Liability Investigation of Property Loss If the evidence shows that negligence or willful misconduct were the proximate cause of the loss, the approving authority can assess financial liability by: Assessment of financial liability Notify the respondent of their rights described in Para 13-34. Consider any rebuttals and new evidence Obtain a legal review Complete blocks 14a through 14h to assess financial liability Notify the respondent that they have been assessed with liability Forward the investigation packet to FAO File in the inactive file FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

22. Appointment of Financial Liability Officer If the approving authority determines that more investigation is necessary to determine the loss, damage or destruction of Govt. property he will appoint a Financial liability officer by completing block 13c and using the memorandum shown in figure 13-12 FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

23.

24. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Financial liability officer Determines the cause and value of the loss of property listed on a report of survey and to determine any assessment of financial liability within 30 calendar days of receipt The liability officer must understand the terms “ responsibility, culpability, proximate cause, and loss” each term impacts upon a determination of financial liability.

25. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility The type of responsibility the person has for property determines the obligations incurred by the individual. Types Command Supervisory Direct Custodial Personal

26. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility Command Responsibility- The obligation of a commander to ensure all Govenrment property within his or her command is properly used and cared for, and that proper custody and safekeeping are provided.

27. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility Supervisory Responsibility- The obligation of a supervisor to ensure all Government property issued to, or used by his or her subordinates is properly used and cared for, and that proper custody and safekeeping are provided. This responsibility is inherent un all supervisory positions and is not contingent upon signed hand receipts.

28. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility Direct Responsibility- The obligation of a person to ensure all Government property for which he or she is signed for is properly used and cared for, and that proper custody and safekeeping are provided.

29. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility Custodial Responsibility- The obligation of an individual for property in storage awaiting issue or turn-in to exercise reasonable and prudent actions to properly care for, and ensure proper custody and safekeeping and disposition are provided. Custodial responsibility results from assignment as a unit supply sergeant, supply custodian, supply clerk or warehouse person.

30. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Responsibility Personal Responsibility- The obligation of an individual to properly care for, safeguard and dispose of all Government property in his or her physical possession. It applies to all property issued for, acquired for, or converted to a person’s exclusive use, with or without receipt.

31. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS CULPABILITY Before a person can be held liable, the facts must clearly show that he or she, through negligence or willful misconduct, violated a particular duty involving the care of equipment. Simple Negligence- The absence of due care. Gross Negligence- An extreme departure from due care. It is accompanied by a reckless, deliberate, or wanton disregard for the foreseeable loss or damage to the property.

32. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Proximate cause Before holding a person financially liable for a loss, the facts must clearly show that the person’s conduct was the “proximate” cause of the loss. That is, the person’s acts or omissions were the cause that, in a natural and continuous sequence, unbroken by a new cause, produced the loss, and without which, the loss would not have occurred.

33. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Loss Before holding a person financially liable, the facts must show that a loss to the Government occurred. Loss includes a loss from accountability. Property is considered lost when it cannot be accounted for by the last person in the audit trail.

34. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Financial liability officer When the liability officer finishes the investigation he has two options. Financial liability not recommended Financial liability recommended

35. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Financial liability not recommended The liability officer forwards the investigation of property loss packet in original and appropriate number of copies for final action.

36. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Financial liability recommended The liability officer will Notify the individual, in writing, of the recommended charge of financial liability. Provide the individual with a copy of the investigation and all exhibits and allow the individual to submit a rebuttal statement in his or her behalf. Consider and attach any new evidence to the investigation packet. Forwards the investigation of property loss packet in original and appropriate number of copies for final action.

37. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS Approving Authority Reviews the survey officers findings then concurs or non concurs. JAG determines legality Based on JAG’s findings the individual is either relieved of responsibility or assessed with financial liability

39. FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS QUESTIONS?

40. SUPPLY ADJUSTMENT PROCECURES SIGN IN SHEET ____NAME_______RANK________SECTION__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

41. SUPPLY ADJUSTMENT PROCECURES VISITOR SIGN IN SHEET ____NAME___RANK__SECTION__REMARKS________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________