财产损失的财务责任调查(FLIPLs)法律问题和答案

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REVISED APRIL 2010
MOUNTAIN POST LEGAL BRIEF
A Preventive Law Service of The Office of the Staff Judge Advocate
Headquarters, Fort Carson
Keeping You Informed On Personal Legal Affairs
FINANCIAL LIABILITY INVESTIGATIONS OF
PROPERTY LOSS (FLIPLs)
Consider these questions and answers to help you determine your rights in the FLIPL (Report of Survey) process.
Q: COULD I BE LIABLE FOR LOST, DAMAGED, OR DESTROYED PROPERTY?
A: Yes, in some circumstances. Soldiers and Department of the Army civilian employees may have to pay
for Army property they lose or damage. Under Army Regulation (AR) 735-5, financial liability ordinarily
will not exceed one month's base pay. In certain cases, however, such as the loss of personal arms or
equipment or damage to Government housing, liability may equal the full amount of the loss. The report of
survey is the administrative tool used by the Army to establish liability.
Q: CAN I JUST SIGN A STATEMENT OF CHARGES, INSTEAD OF HAVING A REPORT OF SURVEY
INITIATED?
A: Yes, in some circumstances. A report of survey is not required in every situation where there is a loss or
damage. If the loss is less than one month's base pay, the command may ask the responsible individual to
sign a DD Form 362, Statement of Charges/Cash Collection Voucher. This is essentially an admission of
liability for the lost or damaged property, and an agreement to pay for it. The command cannot force or
coerce someone to sign the statement: it must be voluntary. A report of survey is used in situations where
responsibility for the loss is in question, or where the amount to be charged is in dispute.
Q: I HAVE JUST BEEN NAMED THE SUBJECT OF A FLIPL; WHAT’S GOING TO HAPPEN?
A: The FLIPL process starts when the appointing authority, usually a Lieutenant Colonel or above (most
often a battalion or squadron commander), appoints a survey officer to investigate the facts surrounding the
loss. The survey officer will be a commissioned or warrant officer, a noncommissioned officer with the rank
of Sergeant First Class or above or a civilian employee GS-7 or above. The survey officer must be senior in
grade to the individual subject to potential liability unless war or military exigency requires otherwise. The
survey officer investigates and makes initial findings as to the circumstances surrounding the loss. A copy
of those initial findings is then given to the individual subject to potential liability. That individual has 7
days to prepare and submit a rebuttal back to the survey officer. The time constraints will extend to 15 days
if the findings were mailed instead of hand delivered. Mailing may be appropriate if the survey officer and
MOUNTAIN POST LEGAL BRIEF is one of a series of informative handouts from the Fort Carson Legal Assistance Division
containing general information on topics that legal assistance attorneys frequently advise on. Information provided is
general in nature and does not constitute legal advice. Consult an attorney for specific legal advice for your particular
situation. You may schedule a legal assistance appointment by calling the Legal Assistance Division at 719-526-5572.
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