Lost Equipment Counseling

PART II - BACKGROUND INFORMATION

Purpose of Counseling

This counseling is provided to inform you of your responsibility for equipment and TA-50 issued to you.

PART III - SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.

Key Points of Discussion:

On 9 Feb 2014, when you turned in your TA-50 and personal equipment, several items were missing. You could not account for the whereabouts of a wrist watch, gas mask, cold weather boots or flak vest.
In most cases, when a Soldier loses or damages equipment, he or she will sign a DD Form 362, Statement of Charges/Cash Collection Voucher, to acknowledge responsibility for the replacement cost.
But, in cases where there is a dispute as to who is responsible for losing the equipment, a Financial Liability Investigation of Property Loss (FLIPL) is initiated to determine responsibility and level of liability.
Because you did make a reasonable effort to keep your equipment secure, a FLIPL will be conducted to determine if you will be held liable for the replacement cost of the lost equipment.
Liability for the missing equipment is based on whether you acted negligently with respect to the property. Negligence means that you failed to take reasonable precautions to secure the issued equipment.
Normally, the maximum amount a Soldier can be held responsible for is limited to one month's base pay. However TA-50 is an exception to this limited liability. A Soldier can be held liable for the full amount of the replacement cost for all TA-50 items lost or damaged (minus 10% for wear and tear).

AUTHORITY: 10 U.S.C. 8013. PURPOSE: To obtain any comments you desire to submit (on a voluntary basis) for consideration concerning this action. ROUTINE USES: Provides you an opportunity to submit comments or documents for consideration. If provided, the comments and documents you submit become a part of the action. DISCLOSURE: Your written acknowledgment of receipt and signature are mandatory. Any other comment or document you provide is voluntary.

OTHER INSTRUCTIONS
This form will be destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement. For separation requirements and notification of loss of benefits/consequences see local directives and AR 635-200.

DA FORM 4856-E, AUG 10 EDITION OF OCT 06 IS OBSOLETE
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Plan of Action:

Take action to improve control of issued equipment. Store it in a secure area (not a shared space such as a shipping container or office or car). Keep receipts and inventory at least semi-annually or more often if needed.

Session Closing: (The leader summarizes the key points of the session and checks to ensure the subordinate understands the plan of action. The subordinate agrees/disagrees and provides remarks if appropriate)

To support your claim, obtain statements from witnesses who saw you secure your gear in the only available secure container.

Individual counseled: I agree / disagree with the information above

Individual counseled remarks:

Signature of Individual Counseled: _ _ _ _ _ _ _ _ _ _ _ Date: _ _12 Mar 2014_ _

Leader Responsibilities: (Leader's responsibilities in implementing the plan of action)

I will monitor SGT Smith's case and follow up to ensure the issue is resolved.

Signature of Counselor: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _12 Mar 2014_ _

PART IV - ASSESSMENT OF THE PLAN OF ACTION

Assessment: (Did the plan of action achieve the desired results? This section is completed by both the leader and the individual counseled and provides useful information for follow-up counseling)

SGT Smith was relieved of responsibility for the lost equipment due to his complete documentation of the chain of custody.

Counselor: _ _ _ _ _ _ _ _ _ _ Individual Counseled: _ _ _ _ _ _ _ _ _ Date of Assessment: _ _ _ _ _ _ _

Note: Both the counselor and the individual counseled should retain a record of the counseling.

DA FORM 4856-E (Reverse)
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