VICENZA, Italy -- A Soldier can be required to pay for Army property he or she loses or damages. A Financial Liability Investigation of Property Loss is the procedure the Army uses to account for missing or damaged government property and to determine any question of responsibility for the property loss.
A FLIPL is not required in every situation where there is a loss or damage. If the loss is less than one month's base pay, or for civilians, is less than 1/12th of the employee's annual salary, the command may ask the responsible individual to voluntarily admit liability and settle the debt by signing a DD Form 362, Statement of Charges/Cash Collection Voucher. This form is an admission of liability for the lost property and an agreement to pay for it. The command cannot order or coerce anyone into signing the statement.
The Army may initiate a FLIPL in situations when responsibility for the loss is in question, the amount of the loss is greater than one month's base pay, the amount to assess is in dispute, or the loss involves a controlled inventory item. A FLIPL starts after the appointing authority (usually a battalion commander) appoints a financial liability officer (FLO) to investigate the property loss. The FLO investigates the facts of the loss and makes recommendations of liability.
Generally, in order to recommend liability, the FLO must make four specific findings. First, the FLO must find that a loss of government property occurred. Second, the FLO must establish the individual was responsible for the property in question. Third, the FLO must find the individual violated his or her duty of care through negligence or willful misconduct. A negligent act could include the failure to complete required preventive maintenance checks, leaving a weapon against the tree while attending other duties, or driving too fast for road or weather conditions. Fourth, the FLO must conclude the individual's negligence or willful misconduct was the proximate cause of the loss.
Before the FLO makes a recommendation to assess liability against an individual, the FLO will give that individual an opportunity to review the findings and recommendations and present a rebuttal statement on their behalf. Normally, individuals have seven days to submit their rebuttal statement.
The FLO will consider the individual's rebuttal, and make a recommendation about who should be liable and for what amount.
The appointing authority reviews the FLIPL, reviews the report by the FLO, and determines whether to assess liability against the individual. The appointing authority then forwards the FLIPL to the approving authority. The approving authority reviews the evidence and approves or disapproves the recommendations of the FLO and appointing authority.
The attorneys at the Vicenza Legal Assistance Office can help clients prepare a FLIPL rebuttal. Before an attorney can see clients, they must have a complete copy of the FLIPL packet to give to the attorney. Be aware of the deadline for submitting rebuttals or requests for reconsideration. Attorneys normally need three to five working days to prepare the document.
For more information, contact the Vicenza Legal Assistance Office in Building 166 on Caserma Ederle. (Legal Assistance Office)
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