32 C.F.R. Subpart D—Personnel Claims (31 U.S.C. 3701, 3721)
Title 32 - National Defense
It explains how to settle and pay claims under the Military Personnel and Civilian Employees' Claims Act for incident to service loss and damage of personal property. These claims are paid according to this subpart even when another subpart may also apply. (a) Act of God. An act occasioned exclusively by violence of nature, such as flood, earthquake, tornado, typhoon or hurricane, that is unanticipated and over which no one has any control. (b) Military installation. A facility used to serve a military purpose and used or controlled by the Air Force or any other Department of Defense (DOD) element. (c) Other authorized places: (1) Any place authorized, or apparently authorized by the government to receive, hold, or store personal property, such as offices, warehouses, baggage holding areas, hospitals. (2) Any area on a military installation designated for parking or storing vehicles. (3) A recreation area or any real estate the Air Force or any other DOD element uses or controls. (d) Personal property. Tangible property an individual owns, including but not limited to household goods, unaccompanied baggage, privately owned vehicles (POV), and mobile homes. (e) Quarters: (1) Housing the government assigns or otherwise provides in kind to the claimant, including substandard housing and trailers, when the claimant pays the government a fixed rental while drawing basic allowance for quarters (BAQ). (2) Privately owned mobile or manufactured homes parked on base in spaces the government provides. (3) Transient housing accommodations, wherever located, such as, hotels, motels, guest houses, transient dormitories, or other lodgings the government furnishes or contracts for. (4) Housing accommodations outside the United States which the claimant occupies according to local policies and procedures which were not assigned by or otherwise provided for by the U.S. Government. Quarters do not include housing occupied by foreign indigenous employees. (5) Garages, carports, driveways, and parking lots assigned to quarters the government provides for the occupants of the quarters to use. (6) Street parking: (i) At quarters. (ii) In the immediate vicinity of quarters. (iii) Reserved parking assigned to offbase housing accommodations overseas. (7) The area immediately adjacent to quarters when used for storage of items not commonly stored in living areas, for example, boats, motorcycles, motorbikes, bicycles, lawn mowers, garden equipment, and outdoor furniture. (f) Reconsideration. The original or a higher settlement authority's review of a prior settlement action. (g) Small claim. A claim for $1,000 or less. (h) Unusual Occurrence. Something not expected to happen in the normal course of events. (a) Settlement authority: (1) These individuals have been delegated the authority to settle claims payable for $25,000 or less if the claim arose before 31 October 1988, or $40,000 or less if the claim arose on or after 31 October 1988, and to deny claims in any amount: (i) The Judge Advocate General (TJAG). (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law. (iv) The Chief, Deputy Chief, and Branch Chiefs, Claims and Tort Litigation Staff. (2) The SJAs of HQ USAFE, HQ PACAF, and 9 AF (for claims arising out of HQ CENTCOM) have delegated authority to settle claims payable, and to deny claims filed for $25,000 or less. (3) The SJAs of single base GCMs and the SJAs of GCMs within PACAF and USAFE have delegated authority to settle claims payable, and to deny claims filed for $15,000 or less. (4) SJAs of each Air Force Base, station, and fixed installation have been delegated the authority to settle claims payable, and deny claims filed for $10,000 or less. (b) Redelegation of authority. A settlement authority may redelegate the authority, in writing, to a subordinate judge advocate or civilian attorney. (c) Reconsideration authority. A settlement authority has the same authority specified in a above. However, with the exception of TJAG, a settlement authority may not deny a claim on reconsideration that it, or its delegate, had previously denied. (d) Authority to reduce, withdraw, and restore settlement authority. Any superior settlement authority may reduce, withdraw, or restore delegated authority. [55 FR 2809, Jan. 29, 1990, as amended at 56 FR 1574, Jan. 16, 1991] (a) How and when to file a claim. A claim is filed when a federal military agency receives from a claimant or duly authorized agent a properly completed AF Form 180, DD Form 1842 or other written and signed demand for a specified sum of money. (b) Amending a claim. A claimant may amend a claim at any time prior to the expiration of the statute of limitations by submitting a signed amendment. The settlement authority adjudicates and settles or forwards the amended claim as appropriate. (c) Separate claims. The claimant files a separate claim for each incident which caused a loss. For transportation claims, this means a separate claim for each shipment. Upon request of a claimant, a settlement authority may make a partial payment in advance of final settlement when a claimant experiences personal hardship due to extensive property damage or loss. Examples where partial payments are appropriate include fires and sunken transport ships. Partial payments are made in this manner: (a) If a claim for only part of the loss is submitted and is readily provable, pay it up to the amount of the settlement authority. (The claimant may later amend the claim for the remainder of the loss.) If the total payable amount of the claim exceeds the payment limits of the settlement authority, send it with recommendations through claims channels to the proper settlement authority. (b) When the total claim is submitted and the amount payable exceeds the settlement authority, pay a partial payment within the limits of settlement authority and send the claim, with recommendations, through claims channels to the proper settlement authority. (a) The claimant must file the claim in writing within 2 years after it accrues. It accrues when the claimant discovered or reasonably should have discovered the full extent of the property damage or loss. For transportation losses, the claim usually accrues on the date of delivery. (b) To compute the statutory period, the incident date is excluded and the day the claim was filed is included. (c) Consider a claim filed after the statute has run if both of the following are present: (1) The United States is at war or in an armed conflict when the claim accrues, or the United States enters a war or armed conflict after the claim accrues. Congress or the President establishes the beginning and end of war or armed conflict. A claimant may not file a claim more than 2 years after the war or armed conflict ends. (2) Good cause is shown. A claimant may not file a claim more than 2 years after the good cause ceases to exist. A claim may be filed by the: (a) Property owner. (b) Authorized agent with a power of attorney. (c) Property owner's survivors, who may file in this order: (1) Spouse. (2) Children. (3) Father or mother, or both. (4) Brothers or sisters, or both. Proper claimants are: (a) Active duty Air Force military personnel. (b) Civilian employees of the Air Force who are paid from appropriated funds. (c) DOD school teachers and school administrative personnel who are provided logistic and administrative support by an Air Force installation commander. (d) Air Force Reserve (AFRES) and Air National Guard (ANG) personnel when performing active duty, full-time National Guard duty, or inactive duty training, ANG technicians under 32 U.S.C. 709. (e) Retired or separated Air Force military personnel who suffer damage or loss resulting from the last storage or movement of personal property, or for claims accruing before retirement or separation. (f) AFROTC cadets while on active duty for summer training. (g) United States Air Force Academy cadets. The following individuals are not proper claimants: (a) Subrogees and assignees of proper claimants, including insurance companies. (b) Conditional vendors and lienholders. (c) Non-Air Force personnel, including American Red Cross personnel, United Services Organization (USO) performers, employees of government contractors, and Civil Air Patrol (CAP) members. (d) AFROTC cadets who are not on active duty for summer training. (e) Active duty military personnel and civilian employees of a military service other than the Air Force. (f) DOD employees who are not assigned to the Air Force. (g) Army and Air Force Exchange Service (AAFES) employees and other employees whose salaries are paid from nonappropriated funds (see subpart O). (h) Military personnel of foreign governments. Payable claims must be for: (a) Personal property which is reasonable or useful under the circumstances of military service. (b) Loss, damage, destruction, confiscation, or forced abandonment which is incident to service. (c) Losses that are not collectable from any other source, including insurance and carriers. (d) Property that is owned by the claimants, their immediate families, or borrowed for their use. (e) Losses occurring without the claimants' negligence. Claims may be paid for: (a) Transportation or storage loss: (1) Pay for property damage or loss incident to: (i) Transportation under orders, whether it was in the possession of the government, carrier, storage warehouse, or other government contractor. This includes Do-It-Yourself (DITY) moves. (ii) Travel under orders, including temporary duty (TDY). (iii) Travel on a space available basis on a military aircraft, vessel, or vehicle. (2) Pay for property essential to everyday use, if the claimant has replaced the items that he or she reported as missing. Essential items may be paid for even if someone locates the property before the claimant files the claim. (b) Losses at quarters and other authorized places—(1) In the United States (including U.S. territories and possessions). Pay for personal property damage or loss, to include food spoilage, which is caused by fire, explosion, theft, vandalism, typhoon, hurricane, unusual occurrences or power outages which last for an extended period of time. The claimant must be free of negligence. (i) Claims for damage or loss caused by other acts of god are not paid except in those instances where the geographic area has been declared to be a federal disaster area or HQ USAF/JACC has determined that payment is appropriate because the severity of the act of god was truly extraordinary. (ii) In some areas, extreme weather, such as severe lightning storms, hail, or high winds, occur routinely. Damage claims from these storms are normally not paid. Failure to take reasonable care in protecting property from such known hazards may be negligence. These types of claims would include pitted windshields, dents, chipped paint on vehicles, and lightning damage to television sets, stereos, computer components, video recorders, and other electrical appliances. (2) Outside the United States. Pay for personal property damage or loss, to include food spoilage, which is caused by fire, explosion, theft, vandalism, acts of god, unusual occurrences, or power outages which last for an extended period of time. The claimant must be free of negligence. The SJA must make an affirmative determination that the act of god or unusual occurrence was truly extraordinary. (c) Privately owned vehicles (POV). Pay for damage to or loss of POVs caused by government negligence under subpart F or K. Pay under this subpart for damage or loss incident to: (1) Theft of POVs or their contents, or vandalism to parked POVs: (i) Anywhere on a military installation. (ii) At offbase quarters overseas. (iii) At other authorized places. (2) Government shipment: (i) To or from oversea areas incident to PCS. (ii) On a space available reimbursable basis. (iii) As a replacement vehicle under the provisions of the Joint Travel Regulations (JTR). (3) Authorized use for government duty other than PCS moves. The owner must have specific advance permission of the appropriate supervisor or official. Adequate proof of the permission and of nonavailability of official transportation must be provided prior to paying such claims. Claims arising while the claimant is deviating from the principal route or purpose of the trip should not be paid, but claims occurring after the claimant returns to the route or purpose should be paid. Travel between quarters and place of duty, including parking, is not authorized use for government duty. (4) Paint spray, smokestack emission, and other similar operations by the Air Force on a military installation caused by a contractor's negligence. (Process the claim under subpart F or K, if government negligence causes such losses.) If a contractor's operation caused the damage: (i) Refer the claim first to the contractor for settlement. (ii) Settle the claim under this subpart if the contractor does not pay it or excessively delays payment, and assert a claim against the contractor. (d) Damage to mobile or manufactured homes and contents in shipment. Pay such claims if there is no evidence of structural or mechanical failure for which the manufacturer is responsible. (e) Borrowed property. Pay for loss or damage to property claimants borrow for their use. Either the borrower or lender, if proper claimants, may file a claim. Do not pay for property borrowed to accommodate the lender, i.e., such as to avoid weight or baggage restrictions in travel. (f) Marine or aircraft incident. Pay claims of crewmembers and passengers who are in duty or leave status at the time of the incident. Payable items include jettisoned baggage, clothing worn at the time of an incident, and reasonable amounts of money, jewelry, and other personal items. (g) Combat losses. Pay for personal property losses, whether or not the United States was involved, due to: (1) Enemy action. (2) Action to prevent capture and confiscation. (3) Combat activities. (h) Civil activity losses. Pay for losses resulting from a claimant's acts to: (1) Quell a civil disturbance. (2) Assist during a public disaster. (3) Save human life. (4) Save government property. (i) Confiscated property. Pay for losses when: (1) A foreign government unjustly confiscates property. (2) An unjust change or application of foreign law forces surrender or abandonmnet of property. (j) Clothing and accessories worn on the person. Pay claims for damage to eyeglasses, hearing aids, and dentures the government did not supply, when the damage results from actions beyond the normal risks associated with daily living and working. Claimants assume the risk of normal wear and tear, and their negligence bars payment of the claim. (k) Money losses. Pay claims for loss of money when the losses are due to theft from quarters, other authorized places, or from the person, if the claimant was required to be in the area and could not avoid the theft by due care. As a general rule, $200.00 is reasonable to have in quarters, and $100.00 is reasonable to have on the person unless: (1) The money was in a bona fide coin collection. (2) The claimant can justify possession of the money for a PCS move, extended TDY, vacation, extensive shopping trip, or similar circumstances. The claimant must show a good reason why the money had not been deposited in a bank or converted into travelers checks or a money order. (3) Local commercial facilities are not available or because US personnel do not generally use such facilities. A claim is not payable if: (a) It is not incident to the claimant's service. (b) The loss or damage is caused in whole or in part by the negligence or wrongful act of the claimant, the claimant's spouse, agent, or employee. (c) It is a subrogation or assigned claim. (d) The loss is recovered or recoverable from an insurer or other source. When a loss is recovered or is recoverable: (1) The amount payable by insurance should be deducted if an insurer denied a claim because a claimant failed to report the loss or to file a timely claim under the policy. The claim should be paid if the settlement authority determines the claimant had good cause for not filing with the insurer, or (2) The amount which the Air Force cannot recover from a carrier because the claimant failed to give timely notice of loss or damage should be subtracted from the settlement unless the claimant shows good cause for failure to give notice. (e) It is intangible property including bank books, promissory notes, stock certificates, bonds, baggage checks, insurance policies, checks, money orders, travelers checks and credit cards. (f) It is government property, including issued clothing items carried on an individual issue supply account. (Clothing not carried on an individual issue supply account which is stolen or clothing lost or damaged in transit may be considered as a payable item when claimed.) (g) It is enemy property. (h) It is a loss within the United States at offbase quarters the government did not provide. (i) It is damage to real property. (j) It is an appraisal fee, unless the settlement authority requires one to adjudicate the claim. HQ USAF/JACC must authorize payment for an appraisal fee of more than $100. (k) It is property acquired or shipped for persons other than the claimant or the claimant's immediate family; however, a claim for property acquired for bona fide gifts may be paid. (l) It is an article held for sale, resale, or used primarily in a private business. (m) It is an item acquired, possessed, shipped, or stored in violation of any U.S. Armed Force directive or regulation. This includes an automobile for which a member fails to comply with base registration or insurance regulations. A claim must not be paid if one or more of these factors exist: (1) The loss was the type the regulation or directive intended to prevent. (2) The violation was willful or in defiance of authority, rather than minor or technical in nature. (3) The violation either undermined discipline or adversely affected command welfare. (n) It is an item fraudulently claimed. Deny payment for an item when investigation shows the claimant has intentionally falsified the value, condition, extent of damage, or repair cost of it. The claim file must show clear intent to defraud. A mere mistake is not a fraud. (o) It is for charges for labor performed by the owner or immediate family member. (p) It is for financial loss due to changed or cancelled orders. (q) It is for expenses of enroute repair of a mobile or manufactured home. (r) It is a loss of use of personal property. (s) It is an attorney or agent fee. (t) It is the cost of preparing a claim, other than estimate fees. (u) It is an inconvenience expense, such as food, lodging, and transportation costs due to delay in delivery of household goods or travel to port to deliver or pick up a vehicle. (v) It is a loss of, or damage to POV driven during PCS. (w) It is a personal property insurance premium. (x) It is a claim for a thesis or other similar papers, except for the cost of materials. (y) It is damage to, or loss of a rental vehicle which TDY or PCS orders authorized. These claims may be payable through Accounting and Finance as a travel expense. (z) It is a cost to relocate a telephone or mobile or manufactured home due to a government ordered quarters move. The member submits such claims to the commander directing the move for payment from other Operation and Maintenance (O&M) funds. (aa) It is for damage to or loss of property stored at the owner's expense unless the claimant's duty made storage necessary. (bb) It is for damage to clothing and accessories caused by routine wrinkles. (cc) It is hit-and-run damage to POVs. (dd) It is for damage to clothing and accessories caused by contact with office furniture or getting in or out of a government vehicle unless the damage was caused by an unknown defect. A claimant may request reconsideration of an initial settlement or denial of a claim. The claimant sends the request in writing, to the settlement authority within a reasonable time following the initial settlement or denial. Sixty days is considered a reasonable time, but the settlement authority may waive the time limit for good cause. (a) The original settlement authority reviews the reconsideration request. The settlement authority sends the entire claim file with recommendations and supporting rationale to the next higher settlement authority if all relief the claimant requests is not granted. (b) The decision of the higher settlement authority is the final administrative action on the claim. The Air Force becomes subrogated to the rights of the claimant upon settling a claim. The Air Force has the rights of contribution and indemnity permitted by the law of the situs or under contract. The Air Force does not seek contribution or indemnity from US military personnel or civilian employees whose conduct in scope of employment gave rise to government liability. The military services have jointly established the “Allowance List-Depreciation Guide” to determine values for most items and to limit payment for some categories of items.
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart D—Personnel Claims (31 U.S.C. 3701, 3721)
§ 842.21 Scope of this subpart.
§ 842.22 Definitions.
§ 842.23 Delegations of authority.
§ 842.24 Filing a claim.
§ 842.25 Partial payments.
§ 842.26 Statute of limitations.
§ 842.27 Who may file a claim.
§ 842.28 Who are proper claimants.
§ 842.29 Who are not proper claimants.
§ 842.30 General provisions.
§ 842.31 Claims payable.
§ 842.32 Claims not payable.
§ 842.33 Reconsideration of a claim.
§ 842.34 Right of subrogation, indemnity, and contribution.
§ 842.35 Depreciation and maximum allowances.
