32 C.F.R. Subpart B—Functions and Responsibilities
Title 32 - National Defense
It sets out the claims organization within the US Air Force and describes the functions and responsibilities of the various claims offices. Air Force claims channels are: (a) Continental United States (CONUS), Azores, Panama and Iceland: (1) Headquarters US Air Force (HQ USAF). (2) SJAs of bases, single base GCM authorities, stations and fixed installations, and commanders responsible for investigation and settlement of claims. (b) Pacific Air Forces (PACAF) and US Air Forces, Europe (USAFE): (1) HQ USAF. (2) SJAs of PACAF and USAFE. (3) SJAs of organizations exercising GCM authority. (4) SJAs of bases, stations and fixed installations, and commanders responsible for investigating and settling claims. (c) US Central Command (CENTCOM): (1) HQ USAF. (2) SJA of Headquarters Ninth Air Force (HQ 9AF). (3) SJAs of bases, stations, and fixed installations, and commanders responsible for investigation and settlement of claims. (d) Maneuver and disaster claims. Air Force Judge Advocates designated by The Judge Advocate General (TJAG) to process maneuver and disaster claims. Once appointed, judge advocates must process claims through claims channels. [55 FR 2809, Jan. 29, 1990, as amended at 56 FR 1574, Jan. 16, 1991] (a) TJAG, through the Claims and Tort Litigation Staff (HQ USAF/JACC): (1) Establishes claims and tort litigation policies and supervises and assists all Air Force claims activities. (2) Trains claims officers and paralegals. (3) Settles certain claims. Note: The authority specifically delegated to the Deputy Judge Advocate General to settle certain claims in no way limits the Deputy's authority to perform the duties of TJAG when so acting pursuant to 10 U.S.C. 8072. (4) Monitors tort litigation for and against the United States arising out of Air Force activities. (b) HQ USAF/JACC. (1) Supervises and inspects claims and tort litigation activities through assistance visits, special audits, and Claims Administrative Management Program (CAMP) reviews. (2) Implements claims and tort litigation policies, issues instructions, and provides guidance and assistance to subordinate claims offices. (3) Recommends settlement action on claims and tort litigation to TJAG, the Secretary of the Air Force, and the United States Attorney General. (4) Maintains liaison with the Department of Defense (DOD), Department of Justice (DOJ), and other government agencies on claims and tort litigation. (5) Settles certain claims. (6) Certifies or reports claims to the General Accounting Office (GAO). (7) Prepares budget estimates for Air Force claims activities. (8) Monitors the collection, allocation, and expenditure of Air Force claims funds. (9) Keeps permanent records on all claims and tort litigation for which TJAG is responsible. (10) Conducts and supervises claims training activities. (a) Major Command (MAJCOM). (1) All MAJCOM SJAs, whether or not exercising claims settlement authority are responsible for the general supervision of claims activities within their commands, including: (i) Conduct of periodic claims audits. (ii) Support of claims teams. Members may be detailed from personnel assigned to the command to respond to natural disasters or serious incidents. If resources are not available from within the command, HQ USAF/JACC should be contacted for assistance. (iii) Apportion claims funds allocated by HQ USAF. (2) The PACAF, USAFE, and HQ 9AF SJA: (i) Settles claims. (ii) At a minimum, through assistance visits and audits, supervises claims activities of those subordinate units and organizations assigned to them for claims purposes. (iii) Appoints members to foreign claims commissions. (iv) Monitors international claims. (v) Establishes and designates geographic areas of claims responsibility within the command, except for DOD designated single-service areas of responsibility. (b) GCM: (1) The GCM SJA, whether or not he or she exercises claims settlement authority, is responsible for the general supervision of claims activities within the subordinate units. (2) The GCM SJA exercising settlement authority: (i) Settles certain claims. (ii) Supervises directly the claims activities of their subordinate units. This includes at least assistance visits and audits for all but single base GCMs. (c) Base SJAs: (1) Settle certain claims. (2) Have primary investigative responsibility for incidents giving rise to claims that occur in their geographic area of responsibility. (3) Notify HQ USAF/JACC through claims channels, if there is a question of which base can best investigate and process a particular claim. (a) Functions and responsibilities: (1) The claims officer, under the immediate supervision of the SJA, the commander, or other appointing authority, is responsible for all claims activity of the command, organization, or unit. This includes investigating and reporting accidents, incidents, and claims. (2) The assistant claims officer performs claims duties under the supervision of the claims officer and in the absence of the claims officer. (b) Appointment of claims and assistant claims officers: (1) The Commander of each Air Force base, station, fixed installation, or separate unit appoints a claims officer in writing. (2) The SJA appoints assistant claims officers in writing. (c) Qualifications of claims officers: Claims officers are commissioned officers, designated as judge advocates of the Air Force, or civilian attorneys employed by the United States in authorized attorney positions at the office of the SJA. (d) Qualifications of assistant claims officers: The assistant claims officer may be an attorney, a senior noncommissioned officer (E–7 through E–9), or a Department of the Air Force civilian employee (GS–7 or above).
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart B—Functions and Responsibilities
§ 842.10 Scope of this subpart.
§ 842.11 Air Force claims organization.
§ 842.12 HQ USAF claims responsibility.
§ 842.13 Staff Judge Advocates' responsibility.
§ 842.14 Claims and assistant claims officers.
