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Chapter 1 - Home Page 409th Contracting Support Brigade - U.S. ...

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determine whether the erroneous payment was the result of theaccountable official’s negligence. The investigation must provide theDoD employee or military member with an opportunity to rebut thepresumed liability. If the commander/director determines that theerroneous payment was not the result of the accountable official’snegligence, the charge against that official shall be cleared. Failure tofollow regulation and policy constitutes negligence.g. DEBT COLLECTION: If liability has been determined by theinvestigation, the efforts to recover the funds must be undertaken inaccordance with the debt collection procedures prescribed in <strong>Chapter</strong>s29 and 30 of the DoD FMR. Statutory authority for debt collection byinvoluntary salary and administrative offset are found at: 5 U.S. Code §5705 for Civilian employees; and 37 U. S. Code § 1007 for militarymembers.h. REQUIREMENT TO CONDUCT INVESTIGATION: DoD FMR (DoD7000.14-R), Vol. 5 <strong>Chapter</strong> 33, Para 330805, impose the requirementfor Commanders to conduct an investigation of erroneous GPCpayments.i. PROCEDURES USED IN THE INVESTIGATION: Army Commandersshould use specific instructions for conducting formal and informalinvestigations contained in AR 15-6. Commanders from other servicesshould use that services specific regulation. The convening authority35

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