B-213549, SEP 6, 1984

B-213549: Sep 6, 1984

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CERTIFYING OFFICERS - RELIEF - ERRONEOUS PAYMENTS - DUPLICATE PAYMENTS DIGEST: ARMY ACCOUNTABLE OFFICER IS RELIEVED OF LIABILITY AS A CERTIFYING OFFICER UNDER 31 U.S.C. TREASURY IS DISBURSING AGENCY AND ARMY OFFICIAL CAN ONLY BE CERTIFYING OFFICER. RELIEF IS GRANTED UNDER 31 U.S.C. WE HAVE CONCLUDED THAT 31 U.S.C. SEC. 3527(C) IS NOT APPLICABLE TO SUCH CASES BECAUSE THE ROLE OF THE ARMY OFFICIAL WAS THAT OF CERTIFYING OFFICER RATHER THAN DISBURSING OFFICER. IS ENCLOSED.

B-213549, SEP 6, 1984

CERTIFYING OFFICERS - RELIEF - ERRONEOUS PAYMENTS - DUPLICATE PAYMENTS DIGEST: ARMY ACCOUNTABLE OFFICER IS RELIEVED OF LIABILITY AS A CERTIFYING OFFICER UNDER 31 U.S.C. SEC. 3528, RATHER THAN 31 U.S.C. SEC. 3527(C), AS REQUESTED. WHERE DEPARTMENT OF TREASURY ISSUES DUPLICATE CHECK TO REPLACE ORIGINAL ARMY CHECK, TREASURY IS DISBURSING AGENCY AND ARMY OFFICIAL CAN ONLY BE CERTIFYING OFFICER, NOT DISBURSING OFFICIAL.

MAJOR GENERAL PAUL P. BURNS: COMMANDING OFFICER U.S. ARMY FINANCE AND ACCOUNTING CENTER INDIANAPOLIS, INDIANA 46249

DEAR GENERAL BURNS:

THIS RESPONDS TO YOUR REQUEST THAT WE RELIEVE LTC G. L. COMFORT, ARMY FINANCE AND ACCOUNTING OFFICER, UNDER 31 U.S.C. SEC. 3527(C) FROM LIABILITY FOR IMPROPER PAYMENT OF $317.27 TO VICKI L. FLEMING CHARGED TO HIS ACCOUNT. THIS CASE INVOLVES SUBSTANTIALLY AN IDENTICAL FACT SITUATION TO THOSE WE RECENTLY CONSIDERED IN B-215380, ET AL., JULY 23, 1984-- THE NEGOTIATION BY A PAYEE OF BOTH AN ORIGINAL ARMY-ISSUED CHECK AND A TREASURY-ISSUED SUBSTITUTE OR REPLACEMENT CHECK. FOR THE REASONS DISCUSSED IN B-215380, ID., RELIEF IS GRANTED UNDER 31 U.S.C. SEC. 3528; WE HAVE CONCLUDED THAT 31 U.S.C. SEC. 3527(C) IS NOT APPLICABLE TO SUCH CASES BECAUSE THE ROLE OF THE ARMY OFFICIAL WAS THAT OF CERTIFYING OFFICER RATHER THAN DISBURSING OFFICER.

A COPY OF OUR DECISION IN B-215380, ID., IS ENCLOSED. PLEASE NOTE THE MATTERS WE MENTION IN THAT CASE FOR CONSIDERATION BY THE ARMY.