10 U.S.C. § 7838 — Settlement of accounts: affidavit of company commander

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 107 words · no verdicts yet

in plain englishAI-generated · not legal advice

When settling a company commander's clothing and supply accounts, the commander's sworn statement can be used as evidence — for example, that records were lost, or that a shortage was an accident, or that supplies were properly used — if the Secretary of the Army decides that's fair.

When the Army settles the accounts of a company commander for clothing and other military supplies, the commander's sworn affidavit can be used to show: (1) that vouchers or company books were lost; (2) anything suggesting an apparent shortage happened by unavoidable accident or was lost in service through no fault of the commander's; or (3) that all or part of the supplies were properly used. That affidavit can serve as evidence of those facts, with or without other evidence, whenever the Secretary of the Army decides that's just and proper.

the actual law source: uscode.house.gov ↗public domain

In the settlement of the accounts of the commanding officer of a company for clothing and other military supplies, his affidavit may be received to show—

(1)

that vouchers or company books were lost;

(2)

anything tending to prove that any apparent deficiency of those articles was caused by unavoidable accident, or by loss in actual service without his fault; or

(3)

that all or part of the clothing and supplies was properly used.

The affidavit may be used as evidence of the facts set forth, with or without other evidence, as determined by the Secretary of the Army to be just and proper under the circumstances.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 274, § 4838; renumbered § 7838, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
2018Amended · Pub. L. 115-232 · 132 Stat. 1839

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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