Can a Company Commander make you pay for shortages assigned to you on a FLIPL?

SFC Private RallyPoint Member — Mon, 09 May 2016 15:44:06 -0400

While on Rear Detachment, I was signed for the company's equipment. They did not do any shortages before they left and upon return and signing things back to the Company, this time with a new commander and he is wanting me to pay for all the shortages on a FLIPL. Does anyone have any comments that may help me out?

Response by Sgt Private RallyPoint Member made May 9 at 2016 3:49 PM

Sgt Private RallyPoint Member — Mon, 09 May 2016 15:49:35 -0400

SFC Private RallyPoint Member An inventory was not done, when you were assigned this duty? We need more details.

Response by MSG Private RallyPoint Member made May 9 at 2016 3:51 PM

MSG Private RallyPoint Member — Mon, 09 May 2016 15:51:12 -0400

Not to be smart, but did you do the shortage inventory when you signed for the equipment?. Besides this and ensuring that you go to legal, you won't be able to do Anything except wait until the FLiPL is complete and see what is the commanders recommendation based in that.

Response by Capt Tom Brown made May 9 at 2016 4:42 PM

Capt Tom Brown — Mon, 09 May 2016 16:42:40 -0400

SFC Private RallyPoint Member Attached is an unofficial explanation of the process and procedures to be followed. According to the website a Company Commander in and of himself does not have the authority to hold a person liable for lost or unaccounted for property. It appears to be a long drawn out process in which you should have some legal representation going forward. A good lawyer can advise you on how shaky your case is as per MSG Christopher Chouinard The reference does not say how an order like that is enforced, and whether the command can just deduct your pay based on the findings, or whether the case has to go to Courts Martial or NJP. I was hit twice for lost property and was fortunate to escape the possible consequences both times by following the procedures. Do not just roll over and accept responsibility outright tho...Best Wishes.
http://www.armystudyguide.com/content/army_board_study_guide_topics/Supply_Economy/financial-liability-inves.shtml

Financial Liability Investigations of Property Loss (FLIPL) (ArmyStudyGuide.com)

Soldiers and Department of the Army civilian employees may have to pay for Army property they lose or damage.

Response by 1SG Private RallyPoint Member made May 9 at 2016 4:48 PM

1SG Private RallyPoint Member — Mon, 09 May 2016 16:48:49 -0400

While Can't offer any help, I am reminded of a situation from my time during active duty in the late 1990s

I recall after returning from Gulf War 1, my unit lost an entire packed 5-ton somehow during shipping. You would be amazed how much stuff can fit in a 5-ton truck! Let me just say that I believe that all the unit's shortages were covered after that.

Response by SFC Kenneth Hunnell made May 9 at 2016 5:48 PM

SFC Kenneth Hunnell — Mon, 09 May 2016 17:48:35 -0400

Why didn't you inventory the equipment?