Decision Matter of: Department of Defense - Authority to Impose Pecuniary Liability by Regulation

In the absence of statutory authority, the Department of Defense (DOD) may not impose pecuniary liability on an employee, designated by a certifying officer as an "accountable official" pursuant to DOD regulation, for an erroneous payment resulting from the negligent performance of the employee's duties. We are aware of no statutory authority that would permit such action. Any decision inconsistent herewith is overruled. He poses three questions: (1) Is the person who approves the correctness of an individual employee's T and A record pecuniarily liable for an overpayment made as a result of erroneous data contained in the record? (2) Is the person who approves erroneous data in documents supporting a payment voucher. Pecuniarily liable for improper payments resulting from a certifying officer's reliance on that approval? and (3) Is the determination of liability affected by the fact that an automated system has processed the approved data without the source documents being available to the certifying officer?