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B-303671 1 (2004-12-03)

handle is hein.gao/gaocrptapqu0001 and id is 1 raw text is: 



  SGAO
       Accountability * Integrity  Reliability
United States Government Accountability Office
Washington, DC 20548


         B-303671



         December 3, 2004

         Mr. Selwyn J. Crews
         4005 Woodland Creek Dr. SE, #301
         Kentwood, MI 49512

         Dear Mr. Crews:

         This letter responds to your July 12, 2004, letter appealing the adverse determination
         of liability by the Defense Finance and Accounting Service (DFAS) for the loss of
         $218,460, which occurred while you were Disbursing Officer at Personnel Support
         Detachment (PSD), Naples, Italy. In accordance with section 8.10 of title 7 of GAO's
         Policy and Procedures Manual for Guidance of Federal Agencies (copy enclosed),'
         GAO does not review military disbursing officer physical loss relief requests on a
         case-by-case basis. GAO has advised the Secretary of Defense that the availability of
         relief is to be determined by the Secretary of Defense or the secretary of the military
         department incurring the loss. B-198451, Feb. 5, 1981. The Secretary declined relief
         in your case based on a finding of negligence, and we defer to the Secretary's
         decision.!

         According to enclosures to your July 12 letter, in September 1995 you attempted to
         deposit, by mail, $218,460 with the Federal Reserve Bank of New York, deposit ticket
         number 368664. The Federal Reserve Bank never confirmed receipt of the deposit,
         however, and the deposit was never located, resulting in a physical loss to your
         account. DFAS found that the cause of the loss was your negligent failure to comply
         with Department of Defense Financial Management Regulations (DODFMR). Bitz
         Letter. Specifically, DFAS found a violation of DODFMR paragraph 050403, which
         requires disbursing officers to initiate follow-up action with a depositary if the
         disbursing officer has not received confirmation of a deposit from the depositary
         within a reasonable period of time, but no later than 45 days from the date the deposit
         was mailed. Id. DFAS, accordingly, denied relief. Id
         'Title 7 of the Policy and Procedures Manual is available at GAO's web site,

         www.gao.gov.

         2The Secretary has delegated relief authority to DFAS. Letter from Gregory B. Bitz,
         Director of Finance, DFAS, to Selwyn J. Crews, Apr. 6, 2000 (citing DFAS Regulation
         No. 005, enclosure 11) (Bitz Letter).

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