Misc Pub 27-8 Legal Handbook Commander’s 2019
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| 4. Investigation The IO’s investigation must comply with AR 27-20, chapter 9. In particular, the IO must take the following steps: a. Notify the Soldier and Provide Soldier Opportunity to Make Restitution The IO must notify the Soldier against whom a claim is filed, and if the Soldier wishes to make voluntary restitution, the IO may (with the SPCMCA’s approval) delay the proceedings until the end of the next pay period. If the Soldier makes payment to the claimant’s full satisfaction, the SPCMCA will dismiss the claim. b. Continue the Investigation If the Soldier refuses to make full restitution or cannot do so, the IO will determine whether the claim is cognizable under AR 27-20 and supported by the evidence. The IO likely will have to obtain written statements and other supporting paperwork, diagrams, or pictures during his investigation. c. Determination of Meritorious Claim If the IO determines that a Soldier should beheld financially liable, the IO must submit his written findings and recommendations to the SPCMCA. The SPCMCA must then forward the IO’s findings and recommendations to the servicing legal office fora legal review prior to assessment of liability. In cases where the SPCMCA has determined that the claim is not cognizable, the SPCMCA must also forward the claim to the servicing legal office fora legal review. d. Notification to Liable Soldier Soldiers against whom financial liability has been assessed must be notified of the determination and of their right to seek reconsideration. A copy of the IO’s findings and recommendations must be enclosed with the notice. Unless the approval authority determines that substantial injustice will result, action to recoup money from the liable Soldier must be suspended for 10 working days, in order to afford him an opportunity to respond to the assessment of liability. Return to Table of Contents |