The FLO should include evidence of who is responsible in the FLIPL process. These documents can take the form of relevant primary and sub-hand receipts. The primary hand receipt holder is usually the company commander. Sub-hand receipt holders are responsible for a portion of the commander's hand receipt. This responsibility is further delegable from sub-hand receipt holders to the end users. When you get a hand receipt, do not lose it; the hand receipt is the piece of paper that tells the unit not just what you have, but also what you do not have.

Expendable property loses its identity through its use. Expendable property requires accountability only if it is authorized by a modified table of organization and equipment or table of distribution and allowances. All other expendable property generally is considered as consumed in use. An example of consumed in use expendable property is masking tape. Conversely, all munitions require accountability on property book records. Expendable property has an ARC of "X." The FLO's job is to determine if negligence is involved, who caused the property loss, and the amount of the loss," explained Daniel Haws, attorney-advisor, Administrative Law Division, Staff Judge Advocate Office. "If the FLO recommends liability against a Soldier, that individual has seven days to submit a rebuttal explaining why the liability is not appropriate based on the standards for FLIPL." Evan M. FitzGerald was a Quartermaster Officer and a platoon leader, support operations officer, and executive officer, assigned to the Regimental Support Squadron, 11th Armored Cavalry Regiment at Fort Irwin. He is now a practicing attorney and holds a J.D. from the University of Massachusetts School of Law, and an LL.M. in Transnational Law from Temple University. Most of the evidence compiled should either support or refute a finding of negligence, which takes two forms: simple and gross. Simple negligence is briefly defined as the absence of due care, and gross negligence is an extreme departure from due care. The combination of the command supply discipline program (CSDP) and the use of the Global Combat Support System-Army (GCSS-Army) can help to reduce both types of negligence. In addition to counseling sub-hand receipt holders, the unit commander should not sign primary hand receipts until all sub-hand receipt holders have signed their hand receipts. This ensures that all property is assigned and reduces the threats of liability and negligence.Durable property is usually not on a commander's primary hand receipt and is often a component of an end item. Durable property may be part of a sets, kits and outfits (SKO) listing or a part of the NSN system. An example of durable property is hand tools. Durable property has an ARC of "D." Command responsibility obligates unit commanders to ensure the property in their command is properly used, cared for, and kept safe. Commanders cannot delegate command responsibility. Financial Liability Investigation of Property Loss, or FLIPL, is the procedure the Army uses to recover the cost of lost or damaged property. Under Army Regulation 735-5, financial liability ordinarily will not exceed one month?'s base pay. However, in certain cases, such as the loss of personal arms or equipment, or damage to government housing, a Soldier can be held liable for the entire loss. FLOs look for four elements in a FLIPL: responsibility, negligence, proximate cause, and loss. Negligence, arguably the most important, must be present before a hand receipt holder can be liable for property loss. FLOs submit the completed FLIPL to the JAG office, which performs a legal review to confirm or refute findings of all four elements. Hand receipt holders, FLOs, and JAGs can benefit from understanding what types of evidence supports the four elements of a FLIPL. Counseling sub-hand receipt holders in writing reduces the possibility of sub-hand receipt holder negligence. Before sub-hand receipt holders sign for property, the commander needs to provide them with a written counseling. The expectations of the commander should be clear and provide guidance about CSDP, inventory procedures and basic supply accountability. This written counseling statement serves as a training aid by passing along best practices to junior leaders.

Custodial responsibility obligates a person to ensure property in storage and awaiting issue or turn-in is cared for and kept safe. Custodial responsibility often results from a supply assignment. Army-issued equipment such as the helmet and pair of boots pictured can result in a Soldier's financial liability if not returned properly. Lost, damaged or stolen Army property can be subject to Financial Liability Investigation of Property Loss, th... Understanding supply procedures, the CSDP, and the inventory process makes the legal review easy. The presence of some of the aforementioned supply documents will significantly aid the SJA in determining if the FLO's findings are legally sufficient. The briefing from the SJA to the FLO covers the following: Next, the appointing authority forwards the FLIPL, along with their recommendation, to the approving authority, usually a colonel or above. The approving authority approves or disapproves the recommendation to assess liability, but before making the decision, he or she receives a legal opinion that the findings and recommendations are legally sufficient and that the FLIPL was completed in accordance with AR 735-5. Financial liability investigations for property loss (FLIPL) often occur during changes of command. When officers are about to take command, they are thrown into the confusing world of supply and the change of hand receipt process. In a perfect world, all runs smoothly; the outgoing hand receipt holder is present, all hand-receipted property is immaculate, and all sub-hand receipt holders are available.

Record Details for ARMY DIR 2018-07-18

The commander and supply section should maintain copies of all property-related actions in both their offices and residences and keep this documentation for at least two years after a change of hand receipt holder inventory. If the Soldier does not contest liability they may voluntarily sign a Department of Defense Form 362, or Statement of Charges/Cash Collection Voucher. While DD Form 362 is an admission of liability for the lost or damaged property and an agreement to pay for it, the Army uses FLIPLs in situations where responsibility for the loss is in question, or where the amount to be charged is in dispute. NSNs are 13-digit numbers for materiel and are listed in technical manuals (TM) and often on property data plates. NSN nomenclature contains the basic noun that describes the property and identifies the make, model, size, and related information to distinguish NSN item types with the same generic nomenclature. A NIIN is the last nine digits of an NSN. For more information about property accountability, the unit S-4, G-4, and PBO can provide assistance. Army Regulation 735-5, Policies and Procedures for Property Accountability; Army Regulation 710-2, Supply Policy Below the National Level; and Department of the Army Pamphlet 710-2-1, Using Unit Supply System (Manual Procedures), are also good resources. The FLO's resource is Department of the Army Pamphlet 735-5, Property Accountability Procedures and Financial Liability Officer's Guide. All BII and COEI should be laid out according to its TM, supply catalog, or respective item listing. In the event there are similar end items, all component layouts occur simultaneously. Only inventories for items that can be physically touched occur; relying on the word of another person is not a legal defense to negligence.