B-190923, DECEMBER 5, 1978

B-190923, DECEMBER 5, 1978

CONRAD R. HOFFMAN, VETERANS ADMINISTRATION:

THIS IS IN RESPONSE TO YOUR REQUEST, FORWARDED TO US BY THE CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY, REQUESTING THAT RELIEF BE GRANTED IN THE AMOUNT OF $15,159.88 ON BEHALF OF MR. MARK W. STEVENSON, MESSENGER, VETERANS ADMINISTRATION CENTRAL OFFICE (VA), WASHINGTON, D.C.

THE CHIEF DISBURSING OFFICER'S TRANSMITTAL LETTER REFERS TO YOUR REQUEST FOR RELIEF FOR BESSIE K. ASHWORTH'S ACCOUNT, WHICH IS CURRENTLY IN THE POSSESSION OF THOMAS C. MAIN, CLASS "B" CASHIER. HOWEVER, ACCORDING TO THE VA'S REPORT ON THE LOSS, MR. STEVENSON SIGNED A 4-1011 RECORD OF SHIPMENT OF VALUABLES FORM WHEN HE PICKED UP THE CHECKS FROM MRS. ASHWROTH'S ACCOUNT. WE ASSUME, BASED ON THIS, THAT THE FUNDS IN THE CLASS "B" CASHIER'S ACCOUNT ARE PROPERLY ACCOUNTED FOR, AND THAT, AS THE VA REQUEST INDICATES, RELIEF IS BEING REQUESTED FOR THE MESSENGER, MR. STEVENSON, WHO IN THE COURSE OF HIS OFFICIAL DUTIES HAD CUSTODY OF THE FUNDS AND BECAME THE ACCOUNTABLE OFFICER THEREFOR WHEN THE FUNDS DISAPPEARED. SEE B-188413 (JUNE 30, 1977).

RELIEF OF AN ACCOUNTABLE OFFICER FROM LIABILITY FOR A PHYSICAL LOSS OF FUNDS MAY BE GRANTED BY THE GENERAL ACCOUNTING OFFICE (GAO) ONLY IN ACCORDANCE WITH 31 U.S.C. 82A-1 (1970) WHICH REQUIRES, AS A PREREQUISITE TO GRANTING SUCH RELIEF, A DETERMINATION BY THE HEAD OF THE DEPARTMENT:

" * * * (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, OR THAT SUCH LOSS OR DEFICIENCY OCCURRED BY REASON OF THE ACT OR OMISSION OF A SUBORDINATE OF SUCH OFFICER OR AGENT; AND (2) THAT SUCH LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF SUCH OFFICER OR AGENT

IN THIS CASE, THE VA HAS CONCLUDED THAT MR. STEVENSON WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES AND THAT THE LOSS OCCURRED WITHOUT THE FAULT OR NEGLIGENCE OF MR. STEVENSON.

IN ADDITION TO STATUTORY FINDINGS REQUIRED TO BE MADE BY THE HEAD OF THE DEPARTMENT, GAO MUST CONCUR WITH THE AGENCY'S FINDINGS BEFORE RELIEF CAN BE GRANTED PURSUANT TO 31 U.S.C. 82A-1.

A REVIEW OF THE RECORD IN THIS CASE REVEALS THE FOLLOWING INFORMATION. ON MAY 12, 1977, AT APPROXIMATELY 9:20 A.M. MR. STEVENSON WAS SENT BY HIS SUPERVISOR TO A BANK LOCATED ONE BLOCK FROM THE VA FOR THE PURPOSE OF EXCHANGING THREE AGENT CASHIER ADVANCE REPLENISHMENT CHECKS FOR DISBURSING CASH. UPON RECEIPT OF THE FUNDS, MR. STEVENSON PLACED THE FUNDS IN A BRIEFCASE AND LEFT THE BANK. ACCORDING TO MR. STEVENSON, IMMEDIATELY AFTER LEAVING THE BANK, HE WAS ROBBED OF THE $15,159.88 BY AN UNKNOWN, UNSEEN AND POSSIBLY ARMED INDIVIDUAL WHO DEMANDED THAT HE TURN OVER THE CASH HE WAS CARRYING.

MR. STEVENSON IMMEDIATELY REPORTED THE INCIDENT TO HIS SUPERVISOR WHO CONTACTED THE VA INVESTIGATIVE SERVICE. THE FBI CONDUCTED AN INVESTIGATION WHICH FAILED TO REVEAL WHO WAS RESPONSIBLE FOR THE ALLEGED ROBBERY. THE FBI INVESTIGATION HAS BEEN CLOSED AND ITS FINDINGS WERE INCONCLUSIVE.

THE PRECISE ISSUE FOR DETERMINATION HERE IS WHETHER MR. STEVENSON MAY BE RELIEVED OF LIABILITY IN ACCORDANCE WITH 31 U.S.C. 82A-1 WHEN HIS ALLEGATION THAT A ROBBERY OCCURRED IS BOTH UNCONTRADICTED AND UNCORROBORATED.

IN B-182476 (FEBRUARY 28, 1975), $8,142.95 WAS MISSING FROM THE ACCOUNT OF AN HEW CLASS B CASHIER. THE CASHIER REPORTED THAT, AS HE RETURNED FROM LUNCH, HE WAS APPROACHED FROM THE REAR BY AN ARMED INDIVIDUAL, FORCED TO OPEN THE DOOR OF HIS OFFICE AND FORCED TO OPEN HIS SAFE. THIEVES SCOOPED UP THE CONTENTS OF THE SAFE, DROPPING COINS ON THE FLOOR OF AN ADJOINING OFFICE AS THEY ESCAPED. THE THIEVES WERE NEVER APPREHENDED. SINCE THE CASHIER'S ACCOUNT OF THE INCIDENT WAS UNCONTROVERTED AND UNCONTESTED AND HEW HAD DETERMINED THAT THE CASHIER ACTED WITHOUT FAULT OR NEGLIGENCE AND IN DISCHARGE OF HIS OFFICIAL DUTIES, THIS OFFICE GRANTED RELIEF.

IN THE INSTANT CASE, MR. STEVENSON'S REPORT OF THE ROBBERY IS ALSO UNCONTROVERTED AND UNCONTESTED. THE FBI INVESTIGATION WAS INCONCLUSIVE AND THUS CASTS NO DOUBT ON MR. STEVENSON'S ACCOUNT OF THE INCIDENT.

WHILE THE PRACTICE OF HAVING AN UNARMED, UNESCORTED, MESSENGER CARRY LARGE AMOUNTS OF CASH IS INHERENTLY NEGLIGENT, MR. STEVENSON CANNOT BE BLAMED FOR WHAT WAS ADMITTEDLY AGENCY POLICY AT THE TIME THE LOSS OCCURRED. THIS POLICY HAS BEEN CHANGED TO PROVIDE ARMORED CAR SERVICE TO TRANSPORT FUNDS.

ACCORDINGLY, THIS OFFICE CONCURS IN THE FINDINGS OF THE VA THAT MR. STEVENSON WAS ACTING IN DISCHARGE OF HIS OFFICIAL DUTIES, THAT HE WAS WITHOUT FAULT OR NEGLIGENCE AND THAT HE SHOULD BE RELIEVED OF LIABILITY. THE REQUEST FOR RELIEF IS GRANTED AND THE AMOUNT MAY BE CHARGED TO 3680151, GENERAL OPERATING EXPENSES, VA, AS PROPOSED.