AR 215-1 - Soldier Support Institute - U.S. Army

(b) A portion of the loss, based on extenuating or mitigating circumstances.
(c) Relief from accountability or responsibility.
(3) Recommendations for liability limits will include—
(a) Accountable officers, contractors or contractor employees, states and territories of the United States, and
individuals or entities not federally employed may be held liable for the entire amount of loss when negligence or
willful misconduct is shown to be the proximate cause of the loss.
(b) In cases other than those in paragraph M–2k(3)(a), maximum liability will be as follows:
1. Military personnel. In an amount equal to 1 month’s basic pay at the time of the loss or the actual amount of the
loss, whichever is less.
2. ARNG and USAR personnel. One month’s base pay refers to the amount that would be received by the Soldier if
on active duty.
3. DOD civilian employees. One-twelfth of their annual pay or actual amount of loss, whichever is less.
4. Two or more entities. When two or more entities are held collectively and individually liable, computation of the
loss is determined according to the procedures specified in AR 735–5.
(4) Recommendations involving liability must consider—
(a) The dollar amount of loss.
(b) The degree of negligence.
(c) The amount of insurance, if any, paid by the ACIF or commercial insurers, or the denial of insurance claims due
to management control or physical security deficiencies.
(d) The administrative workload and costs associated with appeals and collection actions.
(5) Recommendations for liability will include the following items:
(a) Person’s name and social security number.
(b) Dollar amount of liability charged and the method used to compute charges.
(c) Basic pay to which the individual is entitled in an average pay period.
(d) Date of employee discharge or termination, if applicable.
M–3. Submission of reports
a. Reports that recommend relief from accountability or responsibility will be submitted directly to the approval
authority.
b. For liability in any amount and prior to submission to the approval authority, a copy of the report will be given to
each person against whom liability is recommended. The person will receive written notice (by memorandum) of the
type and amount of liability recommended and will be advised of consequences, if approved, and their rights to—
(1) Include a written statement in the report on the recommendation of financial liability.
(2) Inspect and copy records related to the liability.
(3) Seek legal advice from the servicing legal officer.
(4) And submit a rebuttal to the investigator based on new evidence or on evidence not considered previously—
(a) Within 7 calendar days from date of receipt if the individual is served in person;
(b) Within 15 calendar days of the date of delivery by certified or registered mail if the individual is unavailable but
in the same country; and
(c) Within 30 calendar days from the date of delivery by certified or registered mail if the individual is unavailable
and in a different country.
M–4. Rebuttals
a. If no rebuttal is received, the completed report will be submitted to the approval authority.
b. If a rebuttal is submitted within the allotted time, the investigating official will consider any new or additional
evidence and take one of the following actions:
(1) Let the original recommendation stand.
(2) Reduce the recommended amount of pecuniary liability.
(3) Recommend relief from accountability or responsibility.
c. Rebuttal statements and final action by the investigating official will be enclosed with the original report and
submitted to the servicing legal officer for review prior to review of the approval authority.
218 AR 215–1 • 31 July 2007