54550

BOARDS OF SURVEY AND

LETTERS OF UNSERVICEABLE PROPERTY DEFINED

its loss, damage, or worn-out condition. Accountable Officers are authorized to submit to the Commandant of the Marine Corps (Code CB), letters of unserviceable property in lieu of boards of survey for that property that falls within the purview of paragraph 54558-8, when there is no negligence or sus picion of responsibility. Letter reports will contain recommendations as to disposition. All letter reports of unserviceable property submitted must bear the approval of the commanding officer of the submitting depot.

b. Survey action is not required when, under certain conditions, an individual accepts responsibility for loss of damage to Government property and voluntarily offers to reimburse the Government for such loss or damage. If reimbursement is made for lost property, such reimbursement shall be for the full value of the article. Reimbursement for articles damaged may be for the full value of the article, or if appropriate, an amount sufficient for necessary parts or repairs to place the damaged article in a serviceable condition. Such cases should generally be confined to those articles of Government property customarily offered for sale to individuals. Such action amounts in effect to a replacement for the article lost or damaged and may be accomplished by either cash sale or appropriate checkage of an individual's pay account. Such offer of payment does not operate to relieve an individual from the consequences of wrongful acts and need not be accepted, if in the opinion of the commanding officer, there are attendant circumstances which warrant other action. Careful investigation shall be made in cases of missing property to determine that the offer to reimburse is not employed as a subterfuge to acquire for personal use articles not customarily offered for sale or in short supply. Voluntary reimbursement does not preclude disciplinary action when considered warranted by the commanding officer.

c. Survey action is not required to effect the replacement of unserviceable organic equipment of Fleet Marine Force units which requires field maintenance beyond the capabilities of the Fleet Marine Force Maintenance units to perform within the prescribed operational readiness time limits, or which requires depot maintenance, if, in the opinion of the Fleet Marine Force organization commander, there is no culpability attached to the worn out or unserviceable condition of such property. (See paragraphs 50060 and 54200 regarding the replacement of equipment for this purpose.)

54553 WILFULNESS OR NEGLIGENCE

1. Wilfulness or negligence on the part of any person in the military service contributing to the damage, loss, or destruction of Government property is a military offense. Punishment, when adjudged proper, shall be administered in accordance with regulations without regard to the disposition of the property or action of the board of survey. Findings of fact reported, after deliberation, will include those actions, circumstances, and things done, which the evidence establishes to have been done or to have existed. An opinion of a board of survey is the inference or conclusion drawn by the board from facts known to have existed, or which the evidence establishes to have existed, and is not, ordinarily, to be considered as having the same weight in determining responsibility as the findings of fact. The findings of fact and the opinion of a board of survey upon which wilfulness or negligence is based should be fully stated in the report of the board.

54554 REQUEST FOR BOARDS OF SURVEY AND LETTERS OF UNSERVICEABLE PROPERTY

1. Requests for survey of property shall be prepared on Forms NAVMC 17 and 17a SD by the accountable officer on whose account the property appears as follows:

a. Original and three copies for all Marine Corps property under ordinary circumstances.

b. Original and four copies for powerboats (except bridge boats), Navy property, and property belonging to another Government department.

c. Additional copies for such purposes as turning over material to reclamation and salvage, etc., may be prepared as required by local administration.

d. The original and two or three copies as appropriate, shall be submitted to the convening authority who shall take the action required by paragraphs 54557 and 54558. Requests for survey or letters of unserviceable property will show the quantity, stock number (if known), item name, unit of issue, unit price, total value and all serial numbers (including plant account number where applicable) commonly used to identify the particular article of property. For items of Plant account equipment, the following information will be furnished: Plant account number; model number and manufacturer's serial number (when applicable); date of installation or date placed into use; and the original purchase date, if available. When

the date of installation or date placed in use is unknown, insert the words "Prior to and insert applicable year.

One copy shall be retained as pending copy by the accountable officer until final action on the survey has been completed.

2. In case a request for board of survey on certain articles is initiated by an accountable officer, the survey of which is not approved by the convening authority, the convening authority shall return it by endorsement together with recommended action.

3. If the property in question has been previously acted upon by a board of survey, the officer requesting the board shall so state, and if possible, attach a copy of the report of the previous board.

4. When surveys become necessary on any property in the hands of a responsible officer, he shall notify the accountable officer in writing.

5. Application for surveys upon articles of property belonging to the Marine Corps aboard ship must be made by the Marine Corps accountable officer to the commanding officer of the ship, who is authorized to appoint the board, and who, subject to the provisions of paragraph 54558 is the approving authority.

6. When practicable, and where the number of articles warrant it, surveys will be submitted separately by technical groups, e.g., Ordnance, Engineer, Electronics, Motor Transport, General Supplies, Subsistence, Utilities.

7. The accountable officer shall assign a serial number to each survey request and letter of unserviceable property, such number to be placed in the upper right hand corner. Numbers for survey requests and letter reports of unserviceable property shall be composed of the number of the report, dash, and the last two digits of the fiscal year, i.e., 8-48 would be the eighth report in the fiscal year 1948. Serial numbers shall start with number 1 and continue consecutively throughout the fiscal year regardless of change of accountable officers and regardless of whether it is a survey or letter report of unserviceable property. All attached correspondence and papers shall have the same number affixed and any subsequent correspondence relative thereto shall make reference to the serial number in question.

8. Unserviceable property reports will be handled in the same manner as prescribed above for boards of survey.

54555 BY WHOM CONVENED

1. Boards of survey are convened by the following authorities:

a. The Commandant of the Marine Corps, Commanders of Fleet Marine Forces, Air Fleet Marine Forces, corps, divisions, wings, brigades, and Marine Air Reserve Training Command.

b. Commanding officers of regiments, aircraft groups, battalions, and squadrons when the unit is accountable. However, when above units are organic to higher echelons, the processing of survey reports shall be as prescribed by the higher echelon commander.

c. Commandant of the Marine Corps Schools, commanding generals and commanding officers of recruit depots, posts, stations, training centers, supply activities, directors of Marine Corps Reserve and Recruitment Districts, as provided in paragraph 54565-5, commanding officers of organized reserve battalions, Marine air detachments, separately administered companies, and batteries or battalions of organized Marine Corps Reserve, and by such other officers as the Commandant of the Marine Corps may desig

nate.

d. At Marine Corps posts or units where there is no commissioned Marine officer, or where the commanding officer is the accountable officer, boards of survey should be ordered by the commandant of the station, or where there is no commandant, by the senior officer present.

54556 SUBMISSION OF INVESTIGATION AND REPORT

1. The investigation and reporting action of a board of survey will normally be completed and returned to the convening authority within twenty (20) days from date of receipt. When unforeseen complications are encountered, the convening authority will authorize increment extensions until completed.

54557 COMPOSITION OF BOARDS

1. Boards of survey shall be composed of either a commissioned officer or a board of three officers, one of whom shall be a commissioned officer appointed in either instance by the convening authority. The number and rank of officers appointed to a board of survey will be in proportion to the circumstances and the value of the property as determined by the convening authority to best serve the interests of the Government. Insofar as practicable, when material under survey is highly technical in nature, an officer pos

sessing technical knowledge of the material shall be assigned as a member of the board. In no event shall the following officers serve on a survey board: (a) The commanding officer of the unit. (b) The officer on whose accounts the articles are carried. (c) The officer charged with custody of the articles. (d) Officers serving with Supply Department Audit and Inventory Detachments. (e) Any officer who may have a personal interest in the findings or recommendations of the Board relative to responsibility.

54558 BY WHOM APPROVED

1. Marine Corps boards of survey involving lost or missing items regardless of value and types, and with the exception of boats, Navy property or property belonging to another Government department, and except as noted below will be approved by local commands.

2. The below listed boards of survey, original and two or three copies as appropriate, will be submitted to the Commandant of the Marine Corps (Code as indicated) for final action:

a. Those ordered by the Commandant of the Marine Corps (Code D).

b. Those finding as responsible accountable officers or other individuals other than accountable officers, whose duties in reaccountability require the giving of bond (Code CAC).

C. Those of boats and machinery thereto, Navy property and property belonging to another Government department (Code CB).

d. Those of subsistence (Code CSI) as provided in paragraph 54564-11.

e. Those finding a firm or corporation responsible for loss or destruction of Government property for adjustment on the contract or freight settlements (Code CB).

f. Those of real property or buildings of any type (Code CB).

g. Those which find deceased personnel responsible (Code CAC).

h. Those which pertain to missing classified equipment or material (Code CB).

i. At Regular Establishments, those which are held in conjunction with shortages of stocks of individual clothing or in funds derived from sales of individual clothing (Code CB). Reserve Units will submit such survey reports to the District Director of their Marine Corps Reserve and Recruitment

District for final approval. In connection with shortages of stocks of individual clothing, survey action is not required when the procedures delineated in paragraphs 52152, 54253 and 54254 are applicable.

3. When the report of a board of survey or letter of unserviceable property contains any of the articles enumerated in the following categories, which are in an unserviceable condition, the original and two copies will be forwarded to the Commandant of the Marine Corps (Code CB) for approval of the recommended disposition before disposal of the property is effected:

a.

Engineer Supply Items in the following categories: All items having a unit value in excess of $500.00.

b. Electronics Supply Items in the following categories: All items having a unit value in excess of $500.00.

c. General Supply Items in the following categories: (Other than Post Utility and Galley Equipment) All items having a unit value in excess of $500.00.

d. Motor Transport Items in the following categories: Motor Vehicles.

e. Ordnance Items in the following categories:

f. Post Utilities and Galley Equipment in the following categories: All items having a unit value in excess of $500.00.

4. All boards of survey of lost or missing property and all boards of survey and letters of unserviceable property of wornout or damaged items of property not included in the categories set forth in subparagraphs 2 and 3 above, and those involving minor repairs which do not warrant disposition of an article of Government property will be approved by the convening authority, unless the senior Marine Corps commander present has delegated approving authority to a higher echelon within his command than the convening authority.

5. All boards of survey convened by a reserve unit within a reserve district in accordance with the provisions of subparagraph 54555-lc and letters of unserviceable property which are subject to local approval as provided in subparagraphs 1 and 4 above, will be approved by the Director of the Reserve and Recruitment District concerned. Those surveys and letters of unserviceable prop

erty defined in subparagraphs 2 and 3 above as being subject to the approval of the Commandant of the Marine Corps will be forwarded for final action to the Commandant of the Marine Corps via the Director of the Reserve and Recruitment District concerned. See paragraph 54565-1 for required reviewing action of the convening authority prior to the submission of survey reports to the designated approving authority.

54559 DUTIES OF BOARDS OF SURVEY

1. Boards of survey shall inspect the property under survey except in those cases of missing, lost or stolen property and shall thoroughly examine the circumstances attending its status. In the case of lost, stolen, or missing articles, the board shall, when possible, inquire into the causes to determine responsibility, taking into consideration what measures were taken to prevent such loss or theft by the person in whose custody the property was placed. In the case of damaged property the board shall satisfy itself that such damage was not caused by wilful intent or culpable negligence or carelessness before it relieves the person involved of responsibility. Such negligence or carelessness will be judged on the basis of reasonable precautions which an ordinary person can be expected to take under the immediate circumstances. When damage results as a violation of specific instructions or orders regarding the use or manipulation of equipment or vehicles, the person or persons violating such instructions shall be held responsible unless it can be clearly shown that there were extenuating circumstances. In all cases of damage the board shall determine the monetary extent of such damage and whether economical repairs can be made. As a general rule articles of Government property will be considered economically repairable, provided the article is necessary and required for further use, and when the cost of such repairs does not exceed 50% of the original cost of the article. Whether or not an article is economically repairable is largely a matter of judgment on the part of the board, based upon such factors as technical advice available, cost of parts and labor to install, availability of parts, cost of item when new, present cost to replace in entirety, and the urgency for its continued use. The factors which the board considered in such recommendation should be briefly indicated in the report.

2. The board in its investigation shall obtain statements as appropriate from persons involved in or cognizant of the circumstances but is not limited to the examination of these statements in the conduct of its investigation. When pertinent matters are brought out which contradict or amplify such statements

they should be indicated to the convening authority in the board's report.

3. The report of a board shall generally be confined to findings of fact and recommendations. The findings of boards of survey will state, in every case involving a person or persons, that such person or persons IS (ARE) found culpably responsible or IS NOT (ARE NOT) found culpably responsible. Culpability will be considered to exist only when the findings disclose either an avoidable act of wilfulness or negligence on the part of the person or persons involved which caused the loss or damage. When opinions are given for any reason, they must be based upon the facts brought out in the investigation. The recommendations of boards of survey will indicate the action to be taken on the disposition of the property and its further accountability. Recommendation for disposition of the property shall be specific and in accordance with paragraphs 54560 and 54561 and such modification of general practice as may be applicable to the particular area in which surveying action as taken place.

4. Articles reported as "worn-out" shall be carefully examined to determine whether their condition was caused by reasonable usage and not due to misapplication or other than intended use. The term "worn-out in service" shall be used only to indicate the condition of articles worn-out through customary legitimate usage.

5. When any loss or damage has been the subject of an independent formal investigation by the commanding officer or his superior in the chain of command, the survey shall refer to the pertinent correspondence and may omit findings as to cause and responsibility provided these factors are covered in the report of investigation.

6. The survey report shall be prepared for submission to the convening authority in triplicate and such additional copies as may be required by paragraph 54554-1. The original shall be signed by each member who concurs in the findings. Should a member not concur, he shall submit a signed minority report to be embodied in the record immediately after the majority report. The proceedings shall then be submitted to the convening authority who shall take such action as required.

54560 CLASSIFICATION OF SURVEYED

AND UNSERVICEABLE PROPERTY

1. The determination that property is either salvage, scrap, or repairable material governs in most instances, the final disposition action which will be taken. Accordingly, com manding officers, accountable officers, and

boards of survey are enjoined to properly classify material that is subject to survey. For the purpose of disposition, Marine Corps property is classified as follows:

a. Salvage. Property that is in such worn, damaged, deteriorated or incomplete condition, or is of such a specialized nature that it has no reasonable prospect of sale as a unit, or is not usable as a unit without major repairs or alterations. Salvage has some value in excess of its basic material content because it may contain serviceable components or may have value to a purchaser who will make major repairs or alterations.

b. Scrap. Property that has no reasonable prospect of sale except for its basic material content.

c. Repairable. Property which may be rendered serviceable by repairs when such repairs are economical and warranted.

54561 DISPOSITION TO BE RECOMMENDED

1. When Government property of any nature is condemned by a board and is found to be totally unserviceable, the recommendation shall be that it either be turned over to the post or station or organization reclamation and salvage officer or be reported to the nearest authorized selling activity for appropriate disposal or consigned to the dump or burned as appropriate except as provided in paragraph 54564. In cases where it is determined that the items are worthless and have no apparent commercial or salvage value, a statement to this effect shall be embodied in the survey report. However, the serviceability of the article and its use by or its necessity to the Marine Corps must be the governing factors in the recommendation for disposition.

54562 PREPARATION OF SURVEY RE

PORT

1. The columns provided on the survey report forms shall be employed as indicated below to briefly define "Present Condition,'' "Cause of Present Condition'' and ''Disposition of all Articles." If the status of all articles on request for board of survey is routine wornout in use (illustrations 1 and 2 of figure 54-3) and there is no question of responsibility, the board of survey will execute the columnar information provided on the survey forms, add the short form sum mary, (illustration 1) and sign the report. If the status of all articles is the result of similar causes or conditions, a general summary comprised of (1) findings of facts; (2) opinions, if a finding of fact has not been definitely established; and (3) recommenda