About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-199542 1 (1980-11-07)

handle is hein.gao/gaobabjxd0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE CC. ) WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL7 B-19954248 IVOV 7 188 Colonel R. P. Dixon, Jr. Deputy Commander for Operations Department of the Army U.S. Army Finance and Accounting Center Indianapolis, Indiana 46249 Dear Colonel Dixon: This responds to your letter requesting that relief be granted, pursuant to 31 U.S.C. § 82a-2, in the amount of $835.26 on behalf of Lieutenant Colonel E. L. Davidson, FC, and Lieutenant Colonel R. L. Kelley, FC, Finance and Accounting Officers at the U. S. Army Engineer Center at Fort Belvoir. The shortage is because of a duplicate payment made to Mr. James H. Horton. On November 16, 1973, a Treasury check was issued to Mr. Horton for wages against LTC Kelley's accounts. On November 26, 1973, a replacement check was issued to Mr. Horton, apparently on the basis of his claim that he did not receive the first check. It was later established that both checks were endorsed and cashed by Mr. Horton. Your letter indicates that at this time Mr. Horton's whereabouts are unknown, so that the money cannot be recovered. You have determined, under authority delegated by the Secretary of fhe Army (Army Regulation 37-103, section 3-157a(3)(b)), that the improper check payment was not the result of bad faith or lack of due care on the part of either Finance and Accounting Officer. Under the applicable Army regulation, a Finance and Accounting Officer is authorized to issue a duplicate check upon receipt of a statement by the payee that he has not received the original and that he requests that payment be stopped on it. AR 37-103, section 4-164. Apparently because of the delay in submitting this request, the written evidence that the regulation was complied with is no longer available. However, because of the oeration of the statute of limitations, the account of LTC Kelley must be regarded as settled. Our authority to settle the accounts of an accountable officer, and hence to grant or deny relief, is limited to a 3-year period by 31 U.S.C. § 82i (except when a loss is due to fraud or criminality of the accountable officer). it is no longer required that accounts of accountable officers be physically transmitted to this Office. Rather, they are retained by the various agencies where they are 1,27 (

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most