32 C.F.R. § 536.23 Claims payable.
Title 32 - National Defense
(a) General. Unless otherwise prescribed, a claim for personal injury, death, or damage to or loss of real or personal property is payable under §§536.20 through 536.35 when— (1) Caused by an act or omission determined to be negligent, wrongful, or otherwise involving fault of military personnel or civilian officers or employees of the Army acting within the scope of their employment, or (2) Incident to the noncombat activities of the Army. (b) Property. The loss or damage to property which may be the subject of claims under §§536.20 through 536.35 includes— (1) Real property used and occupied under a lease, express or implied, or otherwise (for example, in connection with training, field exercises, or maneuvers). An allowance may be made for the use and occupancy of real property arising out of trespass or other tort, even though claimed as rent. (2) Personal property bailed to the Government under an agreement, express or implied, unless the owner has expressly assumed the risk of damage or loss. Some losses may be payable using Operations and Maintenance, Army funds. Clothing damage or loss claims arising out of the operation of an Army Quartermaster laundry are considered to be incident to service and are payable only if claimant is not a proper claimant under 31 U.S.C. 3721. (3) Registered or insured mail in the possession of the Army, even though the loss was caused by a criminal act. (c) Effect of FTCA. A claim arising in the United States may be settled under §§536.20 through 536.35 only if the FTCA (28 U.S.C. 2671–2680), §536.50, has been judicially determined not to be applicable to claims of this nature, or if the claim arose incident to noncombat activities. (d) Advance payments. Advance payments under 10 U.S.C. 2736, as amended, in partial payment of meritorious claims to alleviate immediate hardship are authorized.
Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart B—Claims Arising From Activities of Military or Civilian Personnel or Incident to Noncombat Activities
§ 536.23 Claims payable.
