B-134271, NOV. 19, 1957

B-134271: Nov 19, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE RECORDS IN OUR OFFICE ESTABLISH THAT A DETERMINATION THAT THE LOSS OF THE GOVERNMENT PROPERTY WAS OCCASIONED BY YOUR NEGLIGENCE HAS BEEN MADE BY THE OFFICE OF THE CHIEF OF FINANCE. HAD BEEN REVIEWED AND WAS NOT CONSIDERED SUFFICIENT TO WARRANT AMENDING THE ORIGINAL DETERMINATION THAT YOU WERE RESPONSIBLE FOR THIS LOSS. FROM THE OFFICE OF THE CHIEF OF FINANCE THAT "IT IS BEYOND MY COMPREHENSION WHAT FURTHER INFORMATION THEY COULD POSSIBLY NEED FOR JUSTIFICATION TO CLEAR THIS MATTER.'. OUR OFFICE DOES NOT HAVE AUTHORITY TO GO BEHIND THE DETERMINATION MADE BY THE OFFICE OF THE CHIEF OF FINANCE IN THIS MATTER. SINCE WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION THAT YOU ARE INDEBTED TO THE UNITED STATES AS REPORTED.

B-134271, NOV. 19, 1957

TO CAPTAIN EDWIN L. ELLIOTT, AO 935 193:

YOUR LETTER DATED SEPTEMBER 30, 1957, RELATES TO OUR SETTLEMENT OF MAY 8, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $363.50, THE AMOUNT WHICH HAD BEEN COLLECTED FROM YOU BECAUSE OF THE LOSS OF ONE GOVERNMENT CAMERA, SERIAL K-20 ENTRUSTED TO YOUR CARE.

THE RECORDS IN OUR OFFICE ESTABLISH THAT A DETERMINATION THAT THE LOSS OF THE GOVERNMENT PROPERTY WAS OCCASIONED BY YOUR NEGLIGENCE HAS BEEN MADE BY THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF WAR. YOU PROTESTED THIS DETERMINATION BY LETTER DATED NOVEMBER 19, 1956, TO THE COMMANDER, AIR FORCE FINANCE CENTER. THE DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF FINANCE BY LETTER DATED APRIL 9, 1957, ADVISED OUR OFFICE THAT THE INFORMATION CONTAINED IN YOUR LETTER OF NOVEMBER 19, 1956, HAD BEEN REVIEWED AND WAS NOT CONSIDERED SUFFICIENT TO WARRANT AMENDING THE ORIGINAL DETERMINATION THAT YOU WERE RESPONSIBLE FOR THIS LOSS. IN YOUR LETTER OF SEPTEMBER 30, 1957, YOU SAY IN REFERENCE TO THE LETTER OF APRIL 9, 1957, FROM THE OFFICE OF THE CHIEF OF FINANCE THAT "IT IS BEYOND MY COMPREHENSION WHAT FURTHER INFORMATION THEY COULD POSSIBLY NEED FOR JUSTIFICATION TO CLEAR THIS MATTER.'

OUR OFFICE DOES NOT HAVE AUTHORITY TO GO BEHIND THE DETERMINATION MADE BY THE OFFICE OF THE CHIEF OF FINANCE IN THIS MATTER. THE LAW REQUIRES THAT IN CASES WHERE THERE HAS BEEN A LOSS OF GOVERNMENT PROPERTY, THE INTERESTED SERVICE OR AGENCY SHALL CERTIFY TO THE GENERAL ACCOUNTING OFFICE THE AMOUNT DUE FOR SUCH LOSS. THE EFFECT OF SUCH CERTIFICATE, WHEN RECEIVED, SHALL BE THE SAME AS IF THE FACTS THEREIN SET FORTH HAD BEEN ASCERTAINED BY THE GENERAL ACCOUNTING OFFICE IN ACCOUNTING. SEE 28 STAT. 47, AS AMENDED, 31 U.S.C. 89, 90. THEREFORE, SINCE WE HAVE NO ALTERNATIVE BUT TO ACCEPT THE DETERMINATION THAT YOU ARE INDEBTED TO THE UNITED STATES AS REPORTED, THE AMOUNT WAS PROPERLY COLLECTED FROM YOU NOTWITHSTANDING THE FACT THAT YOU DO NOT AGREE WITH THE DETERMINATION REACHED BY THE OFFICE OF THE CHIEF OF FINANCE.