B-126458, APR. 2, 1956

B-126458: Apr 2, 1956

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WAS FORWARDED HERE FOR CONSIDERATION AS BEING IN THE NATURE OF A REQUEST FOR REVIEW OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $539.86. THE INDEBTEDNESS WAS CERTIFIED TO OUR OFFICE BY LETTER OF FEBRUARY 25. AROSE AS A RESULT OF AN ADMINISTRATIVE DETERMINATION THAT YOU WERE RESPONSIBLE FOR THE LOSS OF CERTAIN GOVERNMENT PROPERTY. DISCLOSES THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT STATED ($539.86). THE DETERMINATION OF INDEBTEDNESS AND CERTIFICATION TO THIS OFFICE WERE PREPARED BY THE DEPARTMENT OF THE ARMY UNDER THE AUTHORITY OF SECTIONS 1 AND 2 OF THE ACT OF MARCH 29. THE FACTS UPON WHICH THE DETERMINATION WAS MADE AND THE ITEMS INVOLVED ARE NOT SHOWN IN THE CERTIFICATE TRANSMITTED HERE BY THE DEPARTMENT.

B-126458, APR. 2, 1956

TO MR. PAUL B. DAVIDSON:

YOUR LETTER DATED NOVEMBER 9, 1955, WITH ENCLOSURE, TO MR. S. G. SCHWARTZ, REGIONAL OPERATIONS MANAGER, POST OFFICE DEPARTMENT, WAS FORWARDED HERE FOR CONSIDERATION AS BEING IN THE NATURE OF A REQUEST FOR REVIEW OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $539.86, FOR LOSS OF GOVERNMENT PROPERTY, WHILE SERVINGAS AN OFFICER IN THE ARMY OF THE UNITED STATES.

THE INDEBTEDNESS WAS CERTIFIED TO OUR OFFICE BY LETTER OF FEBRUARY 25, 1953, FROM THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY. AROSE AS A RESULT OF AN ADMINISTRATIVE DETERMINATION THAT YOU WERE RESPONSIBLE FOR THE LOSS OF CERTAIN GOVERNMENT PROPERTY. THE LETTER OF FEBRUARY 25, 1953, DISCLOSES THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT STATED ($539.86); THAT YOU HAD REASONABLE OPPORTUNITY TO BE HEARD AND HAD NOT BEEN RELIEVED OF RESPONSIBILITY; THAT DEMAND FOR PAYMENT HAD BEEN MADE, AND THAT PAYMENT HAD NOT BEEN RECEIVED. THE DETERMINATION OF INDEBTEDNESS AND CERTIFICATION TO THIS OFFICE WERE PREPARED BY THE DEPARTMENT OF THE ARMY UNDER THE AUTHORITY OF SECTIONS 1 AND 2 OF THE ACT OF MARCH 29, 1894, 28 STAT. 47, AS AMENDED, 31 U.S.C. 89, 90. THE FACTS UPON WHICH THE DETERMINATION WAS MADE AND THE ITEMS INVOLVED ARE NOT SHOWN IN THE CERTIFICATE TRANSMITTED HERE BY THE DEPARTMENT. THE ACTION OF THE DEPARTMENT OF THE ARMY IN THE MATTER IS, IN VIEW OF THE PROVISIONS OF THE STATUTE, NOT SUBJECT TO REVIEW BY OUR OFFICE. HENCE, WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION BY THE DEPARTMENT THAT YOU ARE INDEBTED AS REPORTED.

IN VIEW OF YOUR DISCLAIMERS OF RESPONSIBILITY FOR LOSS OF GOVERNMENT PROPERTY, YOUR SEVERAL LETTERS WERE TRANSMITTED TO THE CHIEF OF FINANCE, WITH THE REQUEST TO FURNISH A FURTHER REPORT.

BY LETTER OF JUNE 16, 1955, THE OFFICE OF THE CHIEF OF FINANCE ADVISED, IN PERTINENT PART:

"INFORMATION RECEIVED IN THIS OFFICE SHOWS THAT THE INDEBTEDNESS WAS INCURRED AS A RESULT OF TWO REPORTS OF SURVEY COVERING LOSS OF ORGANIZATIONAL PROPERTY IN BATTERY "D," 420TH AAA GUN BATTALION, OF WHICH LT DAVIDSON WAS THE RESPONSIBLE OFFICER INVOLVED.

"THE EVIDENCE SUBMITTED INDICATES THAT NUMEROUS SHORTAGES WERE EVIDENT AT THE TIME LT DAVIDSON TOOK COMMAND OF THE BATTERY. HOWEVER, NO ACTION WAS TAKEN BY HIM TO ADJUST THE SHORTAGES OR OTHERWISE FIX RESPONSIBILITY FOR THE LOSS.

"NO FURTHER EVIDENCE HAS BEEN SUBMITTED BY LT DAVIDSON WHICH WOULD WARRANT HIS RELIEF FROM PECUNIARY LIABILITY.'

WHILE YOUR POSITION IN THE MATTER AND THE CIRCUMSTANCES UNDER WHICH YOU PERFORMED THE DUTIES OF YOUR OFFICE ARE FULLY APPRECIATED, WE HAVE NO AUTHORITY TO RELIEVE YOU OF LIABILITY OR TO WAIVE COLLECTION OF THE AMOUNT CERTIFIED AS DUE THE UNITED STATES.

A REVIEW OF THE DEPARTMENT OF THE ARMY ACTION AS TO YOUR RESPONSIBILITY FOR THE LOST PROPERTY MAY BE MADE ONLY BY THAT DEPARTMENT. SEE DEPARTMENT OF THE ARMY SPECIAL REGULATIONS NO. 735-150 1, DATED DECEMBER 1, 1949, PROPERTY ACCOUNTABILITY, ACCOUNTING FOR LOST, DAMAGED OR DESTROYED PROPERTY.