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B-196495 1 (1980-01-24)

handle is hein.gao/gaobabjqz0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE /6 WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-196495 January 24, 1980 Mr. John F. Wallace ,Deputy for Management Systems -.,ASA (IL&FM)- - Department of the Army ,Office of the Chief of Engineers Washington, D.C. 20310 Dear Mr. Wallace: This is in reply to your request (your reference DAEN-RMF-A), that elief from accountabilityjbe granTd in the amount of $5.41 for a loss in the public fund account of Mr. W. A. McFedries, Disbursing Officer as Civil Funds Cashier, New England Division, Corps of Engineers, and that relief be granted from pecuniary responsibility for Mr. John J. Ryan, Imprest Fund Cashier, New England Division, Corps of Engineers. 31 U.S.C. § 95a (1976), under which statute relief has been requested for Mr. McFedries, provides in pertinent part: * * * Whenever (1) any disbursing officer of the Army, Navy, Air Force, or Marine Corps incurs or has incurred a physical loss or deficiency of any Government funds, vouchers, records, or papers in his charge and (2) the Secretary of the department concerned determines that such loss or deficiency occurred while the officer was in line of his duty and that such loss of deficiency occurred without fault or negligence on his part, the General Accounting Office shall relieve such officer of the liability for such loss or deficiency, or authorize the reimbursement, from any appropriation or fund made available for that purpose, or amounts paid by or on behalf of such officer in restitution of such loss or deficiency. Any determination made by the Secretary of the department con- cerned under this section shall be conclusive upon the General Accounting Office.* * * Relief for Mr. Ryan, the Imprest Fund Cashier, has properly been requested under the provisions of 31 U.S.C. § 82a-1 (1976). Under that provision, relief for a physical los's or shortage of funds may be, granted only if this Office concurs in the determination by the head of the agency involved (or his authorized designee) that (1) the loss occurred while the accountable officer is acting in the discharge of his officia'l dixties and (2) the loss occurred without fault or negligence on the part of the account- able officer.

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