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

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.

Aug. 10, 1956, ch. 1041 70A Stat. 274 Pub. L. 115–232, div. A, title VIII, § 808(d)Aug. 13, 2018132 Stat. 1839(, , § 4838; renumbered § 7838, , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
4838	10:1302.	R.S. 225 (less 1st sentence); added Feb. 27, 1877, ch. 69 (3d par.), 19 Stat. 241.

The word “anything” is substituted for the words “any matter or circumstance”. The words “properly used” are substituted for the words “legally used and appropriated”. The words “of the case” are omitted as surplusage.

Editorial Notes

Amendments

Pub. L. 115–232 section 4838 of this title2018— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .