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B-198124 1 (1980-04-21)

handle is hein.gao/gaobabjta0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-198124 April 21, 1980 The Honorable Paul S. Trible, Jr. Member of Congress Tower Box 59, 2101 Executive Drive Hampton, Virginia 23666 Dear Mr. Trible: PAee- This is i esponse to your request that we consider the claim of Mrs. Bren J. Faulkner, an accountable officer of the United States Coast Guard, for relief from liabilityjfor a $1,440.60 loss of funds. The loss occurred at the United States Coast Guard Reserve Training Center, Yorktown, Virginia, in October, 1975. In her letter to you, which you enclosed, Mrs. Faulkner did not provide any details concerning the loss. We have been informally ad- vised by her agency, however, that the Office of the Chief Counsel of the Coast Guard determined that Mrs. Faulkner's negligence contributed to the loss. Based upon this finding, the agency ordered her to repay the loss pursuant to 5 U.S.C. § 5514 (1976). Accordingly, it has been withholding $19 per month from her salary. Relief of an accountable officer from liability for a physical loss of funds may be granted by the General Accounting Office only in accord- ance with 31 U.S.C. § 82a-1 (1976) which requires, as a condition prece- dent to granting relief, a determination by the head of the department concerned-- * * * (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 subordi- nate 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.* * * (Emphasis added.) The Coast Guard has not made the requisite determination. We are not authorized to grant relief under these circumstances, regardless of the merits of the case. However, if you believe that the Coast Guard's j~~-2

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