Requirements and Limitations Regarding Withholding the Pay of Personnel

Recommendations for unresolved discrepancies that indicate no personal responsibility Investigations and documentation of facts concerning unresolved discrepancies that indicate evidence of personal responsibility Approval of the report In some cases, the discrepancy may require submission of other reports. For example, losses of controlled substances require a report to Drug Enforcement Administration according to NAVSUPINST 4440.146. Preparation of DD Form 200 The DD Form 200 is used to document the report of survey and certify the survey process when government property is lost, damaged, or destroyed. This form is the official document to support establishment of debts, relief from accountability, and adjustment to accountable records for supply system stock and property book material. The preparation of the DD Form 200 may vary slightly, depending on the nature of the asset (property book material or supply system stock). Refer to NAVSUP P-485 for specific instructions in preparing the DD Form 200. Distribution of the Completed DD Form 200 Upon completion of the survey, distribute the DD Form 200 accordingly. The originating activity retains the original copy unless required by higher authority. A duplicate copy is returned to the appropriate property officer to replace the quadruplicate copy, which may then be destroyed. Forward a third copy to the disbursing officer if pecuniary liability is assessed. If pecuniary liability is not assessed, the triplicate copy is destroyed. Forward copies of DD Form 200 for surveys exceeding $100,000 to the type commander with the monthly financial returns. Retention Of Records The approved DD Form 200, preliminary and causative research findings and recommendations, and all other documentation related to the surveyed material should be retained for a period of 2 years. Requirements and Limitations Regarding Withholding the Pay of Personnel There is no statutory authority for withholding the pay of nonaccountable persons for the loss of or damage to government property. It is the policy of the Department of the Navy that, in the absence of statutory authority, an individual’s pay may not be withheld for loss of or damage to government property unless the individual voluntarily consents to the withholding. However, under the provisions of Title 31, United States Code 89-92, the Commander, Naval Supply Systems Command (COMNAVSUPSYSCOM) is authorized to make determinations relating to the responsibility of accountable officers for the loss of property entrusted to them that occurred through the negligence of the accountable officer. Determinations of COMNAVSUPSYSCOM are made on the basis of technical and legal review of evidence contained in investigations conducted according to the provisions of the Judge Advocate General (JAG) Manual, chapter 2. The indebtedness of an accountable officer is established when the commander or director certifies to the General Accounting Office. This is considered sufficient to permit withholding of current pay, as well as final pay, as prescribed in the Department of Defense Pay and Entitlements Manual. For nonaccountable persons, indebtedness may be established according to the provisions of the JAG Manual, section 0167, and NAVCOMPT Manual, Volume 4. Reimbursement to the Government Collecting or checking a pay record for loss or damage to government property by naval personnel is not authorized unless the member concerned voluntarily consents, in writing, to such action (refer to NAVCOMPT Manual, paragraph 043114-2). When the person voluntarily agrees, the following procedures apply. COLLECTIONS FROM ENLISTED PER- SONNEL.— The commanding officer or officer in charge should advise enlisted personnel who voluntarily agree to reimburse the government of their: l right to legal counsel, l right to rebut the findings, l right to make remittance direct to the disbursing officer, and l right to appeal the finding of the report of survey. 3-29