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B-223134,B-223139 1 (1986-06-02)

handle is hein.gao/gaobacvvf0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL

       B-223134, B-223139                          June 2, 1986





       Mr. Clyde E. Jeffcoat
       Principal Deputy Commander
       U.S. Army Finance and Accounting Center
       Department of the Army
       Indianapolis, Indiana  46249

       Dear Mr. Jeffcoat:

            This responas to two separate requests  that we relieve
       two Army Finance and Accounting Officers  and one Officer's
       deputy under 31 U.S.C. 5 3527(c) from liability  for improper
       payments made from their accounts.  We have  consolidated these
       requests because they each involve a substantially  identical
       fact situation.  As discussed below, your  submissions provide
       the necessary elements for relief, and we  grant relief in each
       case.

            In both cases, a Treasury check was  issued to an Army
       member or civilian employee.  Shortly  thereafter, in each case,
       the payee represented to Army disbursing  officials that the
       check had not been receivea.  A stop payment  order was then
       placed on each check and a replacement check  was issued to the
       payee.  In each instance, both the original  check and the sub-
       stitute check were successfully negotiated  by the payee and
       paid by the Treasury.

            it appears that the request for stop  payment and the
       issuance of a substitute check in these  cases were within the
       bounds of due care as established by Army  Regulations.  See
       AR 37-103, paras. 4-161, 4-162 and 4-164.   There was no indica-
       tion of bad faith on the parts of the aisbursing  officers and
       it appears that adequate collection efforts  are now being
       made.  Accordingly, we grant relief  in the following cases.

                                                             Amount of
       GAO #     Accountable Officer   Dup. Payee               Loss

       B-223134  MAJ W.V. Anderson     Mr. Gary Q.  Ponds     $113.24
                 CPT Anthony A. Maggio  (Deputy)

       B-223139  COL L.A. Emerson      Ms. E.A.  Medwedeff    $361.67


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