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Legal
A guide to avoiding, dealing with investigations of property loss
By Capt. R. Tristan de Vega persuasive rebuttal and potentially tip the scales in your While you await your appointment, reread your FLIPL
favor. If you are unable to get an appointment immediately, and try to understand why the IO thinks you should be held
Fort Irwin Legal Assistance Office you need to request an extension from the investigating financially liable. Next, recount the facts surrounding the
officer. Don’t wait until you see an attorney to request an incident. Ty to remember if there is evidence that you can use
Financial liability investigations of property loss (FLIPL) extension; your suspense date may pass before our next to disprove the IO’s conclusion: is there someone who can
are a common occurrence in the Army. available appointment. attest to the fact that you weren’t responsible for the loss? Was
there someone else who had more immediate control over the
However, just because FLIPLs are common doesn’t mean property? You should start gathering sworn statements and
that they aren’t preventable. any other evidence that you think may be helpful in rebut-
ting the FLIPL. Next, begin drafting your rebuttal; the less
The property accountability principles we learned upon time the legal assistance attorney has to devote to recounting
first entering the Army still apply long after you leave the the basic facts of the incident, the more they can dedicate to
TRADOC environment: maintain your hand receipts, don’t helping you create a persuasive rebuttal. Finally, make sure to
lend your equipment out, and if you can’t keep your equip- bring all of your supporting documents to your appointment.
ment on your person, make sure that it’s properly secured so The legal assistance attorney may be able to catch something
that no one else can get to it. While these principles may not in your documents that you may have missed.
apply to every piece of equipment you are responsible for,
these guidelines can help prevent most FLIPLs. Should your rebuttal fail, you may still submit a request
for reconsideration, based upon legal error, to the appeal
Nonetheless, even the most squared-away Soldier may authority. You may also request remission or cancellation
encounter a FLIPL. The key to avoiding or reducing financial of the debt or extension of the debt collection period.
liability is immediate, decisive action. Army Regulation 735- Again, it is not required that you seek legal counsel, but it
5, the Army’s property accountability regulation, permits you is strongly recommended.
only seven calendar days from the date that you’re notified
about the FLIPL to submit rebuttal matters. Too many Sol- If you have legal assistance questions, call the Fort Irwin
diers wait until the last minute to seek legal assistance, which Legal Assistance Office at 380-5321. The hours of operation
usually results in poor rebuttals. are 9 a.m. to 4 p.m., Monday through Friday, and 1-4 p.m.
on Thursdays. The office is located in building 230.
As soon as you receive notice of a FLIPL, you should
contact the Legal Assistance Office to schedule an appoint-
ment. While you aren’t required to consult with legal coun-
sel in order to rebut a FLIPL, we can help you write a more
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