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REPORT OF SURVEY (AR 735-5)
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REPORT OF SURVEY PURPOSE
The report of survey documents the circumstances concerning the loss, damage, or destruction of Government property and serves as, or supports a voucher for adjusting the property from accountable records. It also documents a charge of financial liability assessed against an individual or entity, or provides for relief from financial liability. Emphasis on Documents the circumstances Supports a voucher for adjusting the property from accountable records Documents a charge of financial liability Relief from financial liability
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REPORT OF SURVEY Mandatory Initiation
Negligence or willful misconduct Will not admit liability Refuses reimbursement Value exceeds the individual’s monthly pay Bulk petroleum loss is over $500 Sensitive item* (AR 15-6) Change of accountable officers inventory Loss from fire, theft or natural disasters These are circumstances or basis for initiating a Report of Survey For lost, damage or destroyed property that cause suspected negligence or willful conduct and they refuse to reimburse the government A report of survey must be initiated immediately - time is crucial - you only have 75 days to complete it - next slide
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REPORT OF SURVEY TIME CONSTRAINTS
14th Day - Initiate 15th Day - Approving Authority 55th Day - Survey Officer Investigation Complete 75th Day - Complete Includes Processing Time and Legal Review Non-counted time - Rebuttal - Request for Reconsideration Non counted time does have time limits There are several stages it must go through - next slide TIME LIMIT WILL BE CHANGED ON ORDER OF THE COMMANDER
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REPORT OF SURVEY PROCESS
Initiator S4 Accountable Officer Appointing Authority Survey Officer Approving Authority Legal Review You only have 75 days to complete all of these steps…. 1. Initiator - 14 days 2. S4 Office - survey number 3. PBO - document number for lost property - no damage property 4. Appointing Authority for decision by the 15th day! (Appointing and Approving Authority may be the same when delegated) 5. Survey Officer is appointed 6. Appointing Authority for Review 7. Approving Authority for Approval 9. Legal Review if financial liabilty is found (also recommended for the Survey Officer during 30 days) 10. Approving Authority Short Survey - you can bypass survey officer but if financial liability is made then it must go through Legal The first stage - initiating the survey is one of the critical stages- next slide
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REPORT OF SURVEY TIME CONSTRAINTS
Non counted time does have time limits There are several stages it must go through - next slide TIME LIMIT WILL BE CHANGED ON ORDER OF THE COMMANDER
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REPORT OF SURVEY INITATING PHASE
Who Initiates….the person with the MOST knowledge Time Constraints for Initiating a Report of Survey….. 15 DAYS Thorough Research Complete DA Form 4697 in accordance with AR735-5 Survey must be in the Appointing Authorities hands by the 15th day with survey number and document number Thorough research - if commanders don’t get statements - they are wrong! Must know whole circumstances as much as possible so appointing authority can make a decision and take action R/S is a legal document and must be correctly completed. Block 11 is very crucial to the appointing authority so they can make THE decision….next slide
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WHO WHAT WHERE HOW WHEN SEQUENCE EXHIBITS
REPORT OF SURVEY BLOCK 11 WHO WHAT WHERE HOW WHEN SEQUENCE EXHIBITS Who - no SSN but must include all those involved, full name and rank, unit What - clear picture of what is involved, property Where - clear picture of where it happened, street, building How - how did it occur to best of knowledge When - dates it occurred, dates of hand receipts, all dates Don’t put opinions or bias sentences in it - Don’t blame anybody - it’s not your job!!!!, Put circumstances in sequence - the Appoint authority has to made a decision based on circumstances - must be able to understand the situation - put in date sequence and use simple terms (CLEAR PICTURE) Exhibits - get statements and all exhibits - refer to exhibits while explaining the circumstances so Appt authority can go along with the write up Exhibits are also very important - you must complete a thorough investigation and include all evidence…next slide
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REPORT OF SURVEY EXHIBITS
Drivers license and DA 348 ECOD Sworn Statements DA 2823 Statement/Certificate MP Report Hand Receipts Mark Exhibits accordingly (AR 735-5) Get statements - thorough investigation JUST a DA don’t cut it! Show the facts Hand Receipts - get all for an audit trail of responsible persons After the initiator has completed their portion within 14 days it is forwarded to the S4, PBO and Appointing authority …..next slide
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REPORT OF SURVEY Process
S4 - Survey number PBO - Document Number (Nonexp) Appointing Authority - Makes a Decision The Appointing authority makes a decision………!!!!!
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REPORT OF SURVEY APPOINTING AUTHORITY DECISIONS
FURTHER INVESTIGATION …. APPOINT A SURVEY OFFICER NO FURTHER INVESTIGATION... ASSESS FINANCIAL LIABILITY* RELIEF FROM RESPONSIBILITY AR 15-6 INVESTIGATION It’s important to complete block 11 so appointing authority can….. Appoints Survey Officer - means more information/investigating is needed No further investigation - enough information if available and can assess liability or relieve everybody from responsibility Can decide to do an AR 15-6 investigation and the R/S becomes an Adjustment Document If the Appointing Authority can make a decision to assess liability or relief of liability just by reading block 11 - then that is a perfect report of survey Survey Officer have to have specific qualifications….next slide
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REPORT OF SURVEY SURVEY OFFICER QUALIFICATIONS
SFC or Above GS-7, WS or WL Senior in Rank Disinterested Person Can a commander or PBO do a report of survey? Yes - on another commander PBOI - installation property Survey officer also has to get to know AR and DA Pam and know some specific terms….next slide
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REPORT OF SURVEY CONDUCTING THE INVESTIGATION
Immediate Investigation - 30 days Examine Property Immediately Interview and obtain statements Extract information Confirm Facts Resolve Conflicts Begin immediately - don’t wait - it could be complicated and not as easy as it looks Release the property for repair or turn in Get statements from all who are involved Confirm evidence already in survey - ensure factual statements Resolve conflicting statements - get the real story Mark all exhibits accordingly
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REPORT OF SURVEY CONDUCTING THE INVESTIGATION
If property is recovered - take action Conduct thorough investigation Scrutinize all available information Compile all evidence Consult Appointing/Approving Authority when in doubt When property is recovered survey officer must ensure that the property is accounted for
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REPORT OF SURVEY SURVEY OFFICER
Findings and Recommendations... Approving Authority will use findings and recommendations to make final decisions and actions. You are going to write up the findings and recommendations Why….so the appointing authority can make a decision and take action
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REPORT OF SURVEY FINDINGS AND RECOMMENDATIONS
Free of bias or prejudice statements… Support Evidence Resolve Conflicts Develop logical recommendation Just the Facts
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REPORT OF SURVEY FINDINGS AND RECOMMENDATIONS
Block 26-27 Review of Exhibits/Evidence Value of loss property Findings Recommendations Actual $ loss, Amount charged and loss to government. See DA Form 4697 Certify review of exhibits To do this you are going to have to write up the findings and recommendations in a certain way….remember it is a legal document!!! Next slide
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REPORT OF SURVEY FINDINGS
Value of lost or damaged property Actual cost of damaged property or loss Property value not recovered Disposition recommendation…. uneconomical reparable property You will list the following in the findings Total cost -Value of property before loss or destruction occurred Actual cost of damaged property ECOD or ACOD or loss - Property value not recovered by government Total Loss Actual Loss Amount charged Loss to Government
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REPORT OF SURVEY FINDINGS
Use own words how loss occurred Refer to evidence to support findings Proximate cause Negligence and willful misconduct Don’t include unsubstantiated opinion Before holding a person financially liable for a loss the facts must clearly show that the person’s conduct was the proximate cause of the loss, damage or destruction
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REPORT OF SURVEY RECOMMENDATION
Relief of responsibility of all persons concerned Assessment of financial liability Relief of responsibility... No negligence or willful misconduct When negligent act or willful misconduct is not proximate cause - relieve from liability When negligent act or willful misconduct is proximate cause of loss - hold responsible
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REPORT OF SURVEY FINANCIAL LIABILITY
Financial liability recommended… Name, grade and SSN Simple/Gross negligence or willful misconduct Amount to be charged Individual’s monthly base pay Enter the items when individual is charged Must state if findings was based on simple, gross negligence or willful misconduct
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REPORT OF SURVEY FINANCIAL LIABILITY
Financial liability recommended… Computation of charges Termination of service Whether relief of liability is appropriate computation based on base pay (table)
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REPORT OF SURVEY FINANCIAL LIABILITY
Inform Individual Charged... Explain charge Significance of rebuttal Attach rebuttals made Consider rebuttal Explain rights by memorandum Time limit on rebuttals 7 days in state 15 days out of state 10 days out of country
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REPORT OF SURVEY FINANCIAL LIABILITY
Rights…. Inspect and copy records of debt Legal Advice Submit statements and new evidence in rebuttal
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REPORT OF SURVEY FINANCIAL LIABILITY
Appointing Authority for review Forward to Approving Authority Legal Review Inform individual by memorandum Request for Reconsideration Forwarded to FAO if not approved Submit for appointing authority for review Forward to Approving Authority S4 will send it to legal review (JAG) Memorandum to individual Request for reconsideration is at Approving Authority Level A memorandum will be sent to individual 30 days after receiving notice to request reconsideration Individual has same rights as rebuttal (Legal, review records) R/S will be forwarded to FAO for collection if reconsideration is not approved by the approving authority
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REPORT OF SURVEY APPEAL PROCESS
Collection of money stops Forwarded to next higher authority for Reconsideration Appeal authority has right to deny or approve appeal Will be sent to FAO if not approved Next step ??????congressional?????
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REPORT OF SURVEY QUESTIONS ?
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