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If the appointing authority in a FLIPL disagrees with the Investigating Officer's Findings and Recommendations, who is responsible for initiating the notifications? AR735-5 does not get specific as to the "who" is, it just states that the notification has to get done which falls under the task of the investigating officer. I have been hearing that the BN S4 should do it however I heard it goes to the Investigating Officer as he/she was appointed to conduct the investigation. Any thoughts?
Posted >1 y ago
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Sir, I can't answer your questions using the regulation, because I'm not sure it's even in there. I've been having issues regarding the notification process as well and I have a few answers from my NCOIC and BN S4 NCOs.
If the FLIPL did not require a 15-6, then these are the following procedures that should be followed:
The IO conducts his/her investigation and is the person who is responsible to notify the SM of initial findings and potential liability. The SM is alotted 7 days (14 out of state/30 out of country) to submit a rebuttal, and this rebuttal in conjunction with the initial findings is used to provide a recommendation to the Appointing Authority of financial liability.
If the Appointing Authority agrees with the recommendation that SM is to be held liable, it continues on to the Approving Authority. If the Approving Authority agrees, then the Approving Authority (BDE S4) has the obligation of notifying the SM of financial liability --- there's an option for the SM for reconsideration, but that's a different matter.
If the FLIPL requres a 15-6, then the IO does not notify the SM about initial findings. When a 15-6 is initiated, the equipment damaged/lossed/destroyed, was worth over $100,000 or it was a sensitive item; therefore the Appointing Authority at this point is the BDE CDR. In this situation, the IO gives the initiated FLIPL with the 15-6 to BDE S4. The BDE CDR or Appointing Authority (BDE S4) has the obligation of notifying the SM of financial liability. After the SM completes a rebuttal, the rebuttal along with all other documents are sent to the DIV CDR, which is the Approving Authority in this situation.
In short, the first notification to the SM is either from the IO (no 15-6) or the Appointing Authority (with 15-6).
Sir, I don't want to insult your intelligence, I'm sure you know the above information already, it was mostly for me to see if I am grasping the FLIPL process. I invite corrections/objections/conjectures/elaborations to anything I've written. I'm definitely learning.
If the FLIPL did not require a 15-6, then these are the following procedures that should be followed:
The IO conducts his/her investigation and is the person who is responsible to notify the SM of initial findings and potential liability. The SM is alotted 7 days (14 out of state/30 out of country) to submit a rebuttal, and this rebuttal in conjunction with the initial findings is used to provide a recommendation to the Appointing Authority of financial liability.
If the Appointing Authority agrees with the recommendation that SM is to be held liable, it continues on to the Approving Authority. If the Approving Authority agrees, then the Approving Authority (BDE S4) has the obligation of notifying the SM of financial liability --- there's an option for the SM for reconsideration, but that's a different matter.
If the FLIPL requres a 15-6, then the IO does not notify the SM about initial findings. When a 15-6 is initiated, the equipment damaged/lossed/destroyed, was worth over $100,000 or it was a sensitive item; therefore the Appointing Authority at this point is the BDE CDR. In this situation, the IO gives the initiated FLIPL with the 15-6 to BDE S4. The BDE CDR or Appointing Authority (BDE S4) has the obligation of notifying the SM of financial liability. After the SM completes a rebuttal, the rebuttal along with all other documents are sent to the DIV CDR, which is the Approving Authority in this situation.
In short, the first notification to the SM is either from the IO (no 15-6) or the Appointing Authority (with 15-6).
Sir, I don't want to insult your intelligence, I'm sure you know the above information already, it was mostly for me to see if I am grasping the FLIPL process. I invite corrections/objections/conjectures/elaborations to anything I've written. I'm definitely learning.
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