Misc Pub 27-8 Legal Handbook Commander’s 2019
G. Conducting the Investigation
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ArmyDemLogProgramBriefing-Jan17
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- H. Assessment of Financial Liability (Para. 13-29)
- Return to Table of Contents 139
| G. Conducting the Investigation The financial liability officer’s primary duty is the investigation. He/she will receive a briefing prior to beginning the investigation. The regulation does not mandate who provides the briefing. It should be provided by the unit S or a judge advocate. The financial liability officer must seek out all the facts that surround the LDDT and conduct a thorough and impartial investigation physically examine damaged property and release it for turn- in or repair interview and obtain statements from individuals with useful information resolve conflicting statements and confirm self-serving statements organize investigation in accordance with the regulation determine the cause and value of the LDDT of Government property and determine if assessment of financial liability is warranted. H. Assessment of Financial Liability (Para. 13-29) Individuals maybe held financially liable for the LDDT of Government property if they were negligent or have committed willful misconduct, and their negligence or willful misconduct is the proximate cause of that LDDT. Before a person maybe held liable, the facts must show that a loss to the Government occurred. There are two types of losses which can result in financial liability) Actual loss. Physical loss, damage, destruction, or theft of the property and (2) Loss of accountability (where it is impossible to determine if there has been actual physical loss, damage, or destruction because it is impossible to account for the property). The actual value at the time of the loss is the preferred method of valuing the loss. Determine the item’s condition item at the time of the loss or damage. Determine a price value for similar property in similar condition sold in the commercial market within the last 6 months. Return to Table of Contents 139 Depreciation is the least preferred method of determining the loss to the government. Compute charges according to AR 735-5, App. B, para. B-2b. The type of responsibility a person has for property determines the obligations incurred by that person for the property. The type of obligation a person has toward property is relevant when determining whether a person was negligent. There must be a finding of either negligence or willful misconduct before an individual maybe held liable. Download 4.49 Mb. Share with your friends:
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