FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS TASK: PREPARE A FINANCIAL LIABILITY INVESTIGATION...

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.

PRIMI NOSCEREPRIMI NOSCERE


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The financial liability investigation of property loss replaces the report of survey system


FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

Report of Survey

(DA 4697)

Replaced by….

Financial liability investigation (DD 200)


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• 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



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• 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



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• 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



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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



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• 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



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• BASIC REQUIREMENTS FOR DD FORM 200

• Prepare DD FORM 200 IAW AR 735-5 CH 13-9 and fig. 13-4 (page 53).


Leave blank(S4 assigns)

Complete DD 200 IAW AR 735-5 fig 13-4

Enter the description, unit cost (don’t

depreciate!) and NSN as it appears on the

books

Select lost, damaged or destroyed

Commander’s comments

(303rd MI )For short investigations leave

blank. For long investigations enter

BN CDR information

(303rd MI) For short investigations enter

BN CDR information. For

long investigations enter BDE CDR

information. 504th MI BDE CDR

maintains approval authority for all

investigations by investigating

officer

Investigating officer’s findings

and recommendations

Investigating Officers Information

Individual Charged

Document Number From

PBO

Property Book Officer

Continuation sheet, blocks

4-8

Continuation sheet, block

9


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• BASIC REQUIREMENTS FOR DD FORM 200

• Prepare DA FORM 7531 (checklist) and attach to DD FORM 200



LOSSQ. How do I get a DA 7531, its not available on Formflow?

R. 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.


https://akocomm.us.army.mil/usapa/eforms/DA7406_to_DA8030-R_1.html

Completed by initiator

Blocks 1 and 3-11 completed by initiator. Complete checklist as events occur

Complete DA 7531 IAW AR 735-5 fig 13-3


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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)



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• 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)


• 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


LOSSPRIMI NOSCEREPRIMI NOSCERE

Short Investigation

Long Investigation

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”.



• 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



• Short Financial Liability Investigation of Property LossIf 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



• Appointment of Financial Liability OfficerIf 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




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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.



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ResponsibilityThe type of responsibility the person has for property determines the obligations incurred by the individual.

• Types– Command

– Supervisory

– Direct

– Custodial

– Personal



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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.



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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.



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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.



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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.



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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.



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CULPABILITYBefore 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.



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Proximate causeBefore 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.



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LossBefore 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.



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Financial liability officerWhen the liability officer finishes the investigation he has two options.

– Financial liability not recommended

– Financial liability recommended



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Financial liability not recommended

– The liability officer forwards the investigation of property loss packet in original and appropriate number of copies for final action.



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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.



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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



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QUESTIONS?


SUPPLY ADJUSTMENT PROCECURES

SIGN IN SHEET

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SUPPLY ADJUSTMENT PROCECURES

VISITOR SIGN IN SHEET

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FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS TASK: PREPARE A FINANCIAL LIABILITY INVESTIGATION...

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