Does possible misappropriation of federal funds, constitute fraud waste and abuse?

2018-09-15T13:51:20-04:00

Is California the only state Army National Guard, to have a policy against Medically Non Deployable Soldiers participating in Annual Training, and "field" IDTs? (presumably, the FEDERAL funds provided to the state, for the ATs of these Soldiers, are still provided and not expended.. So if that's the case, does that constitute fraud waste and abuse?)(The 2013 order I'm referring to, appears to violate multiple Army regulations, including 40-501, 135-91, and 600-20. Namely by bullying the most vulnerable group of Soldiers, not honoring contractual obligations, and stopping Soldiers from performing their contractual obligations. MG Haskins appears to attempt to differ blame, by placing the decision on needing a "G-1 waiver", as opposed to Commander's retaining the ability to determine participation based on the medical determination made by the Soldiers health care team.)

Response by SGT Jack Stevens made Sep 15 at 2018 2:03 PM

2018-09-15T14:03:22-04:00

I was in 2 State National Guards ( New Mexico & Texas) in each the Non Deployable Soldiers, still went to ATs and were used for manning the TOCs, and Administrative duties that every AT' s have. The CANG Commander is dutifully wrong in having this policy. And the higher NG Headquarters IG needs to be Investigating this.

Response by SSG Pete Fleming made Sep 15 at 2018 2:15 PM

2018-09-15T14:15:24-04:00

All these fancy terms for theft...

Response by CPT Jack Durish made Sep 15 at 2018 2:18 PM

2018-09-15T14:18:54-04:00

Fraud and abuse in California? Say it ain't so!

Response by Lt Col John (Jack) Christensen made Sep 15 at 2018 4:26 PM

2018-09-15T16:26:50-04:00

Well our Wing Commander who got red lined from the BG list for misappropriation of funds would say it does I guess.

Response by 1stSgt Nelson Kerr made Sep 15 at 2018 5:50 PM

2018-09-15T17:50:52-04:00

Isn't this NOT appropriatingfunds instead of misappropriating funds, it might be wrong put it is wasting nothing. Fraud and waste definitely do not apply alight abuse might. And in this case doe Army regs out weigh the states regulations? With Guard units it depends on many factors like status and whose funding

Response by Jerry Rivas made Sep 16 at 2018 6:48 AM

2018-09-16T06:48:56-04:00

YES!

Response by SGT Shannon Wasielewski made Sep 16 at 2018 1:13 PM

2018-09-16T13:13:17-04:00

I am a financial officer for the government in my current job and the short answer to your question is that use of funds for other than there intended purpose (AT) in the time period of their use, and for the amount appropriated is a violation of appropriations law and potentially an Anti-Deficiency Act violation.

Article 2 of the Constitution grants the power of the purse to Congress so any misappropriation or misuse of the funds is usurping Congresses power to determine how and wend treasury funds will spent in the interest of the government.

Having said this, proving the act and then getting someone like the IG to accept and investigate such matters, let alone punish someone, is almost impossible unless the powers that be want to set an example of the individual; in that case, they will find even a minor error in a travel claim and nail the individual to the cross.