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CDCs > Vol 3 > Flashcards

Vol 3 Flashcards

1
Q

Define the term “claim” as used in the AF.

A

written and signed demand for or against AF for payment of a sum certain

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2
Q

What types of claims are processed according to AFI 23–101?

A

claims for loss of uniform or clothing items, to no fault of service member

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3
Q

What are the levels of claims settlement authority in the AF?

A
  1. TJAG
  2. AFLOA/JACC
  3. MAJCOM SJA
  4. NAF SJA
  5. Base SJA
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4
Q

What office supervises and inspects claims activities through staff assistance visits?

A

The Claims and Tort Litigation Division (JACC)

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5
Q

According to AFI 10-2501, what is the definition of a major accident?

A

an accident of such a magnitude as to warrant response by the installation disaster response force

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6
Q

What is an emergency operations center (EOC)?

A

the command and control support elements that directs, monitors, and supports the installation’s actions before, during and after an incident

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7
Q

Who is the EOC director?

A

the mission support group commander or other key personnel on any legal matters that may arise

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8
Q

What should the legal office have prepared in anticipation of a natural disaster or major accident?

A

plan of action and emergency operations kit

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9
Q

What essential information should be annotated on the back of photographs taken by military personnel for an accident or incident investigation?

A
  1. photographer name, grade, and duty org
  2. DODI number
  3. Date and time of photo
  4. orientation of the photo to place of incident
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10
Q

When is a master claim file prepared?

A

when multiple claim s arise out of a single incident

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11
Q

How does the base SJA report incidents to the supervisory GCM, MAJCOM, and JACC?

A

By the most expeditious means and followed by a written report within 24 hours

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12
Q

Who designates claims jurisdictions for the bases within their areas of responsibility overseas?

A

HQ USAFE/ JA
HQ PACAF/JA
HQ CENTAF/JA

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13
Q

Before we can properly adjudicate and settle a claim, we must determine if the claim is…

A

within our jurisdiction, if the member is presenting the claim is a proper claimant, and whether or not the situation that gave rise to the claim is actually payable under the AFI

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14
Q

Who may file a claim on the behalf of a proper claimant?

A
  1. authorized agent with a POA
  2. their legal representative
  3. survivor of the deceased proper claimant
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15
Q

Under what conditions can payment be made for losses or damage occurred during a DITY move?

A

when losses arise from events outside the claimant’s control

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16
Q

Since the Personnel Claims Act is not a substitute for insurance, what kind of loss or damage claims can payment be made for at quarters and other authorized places?

A

loss or damage caused by fire, flood, hurricane, or other unusual occurrences, or by theft or vandalism

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17
Q

What is the maximum amount payable per overseas claim (not involving evacuation or other extraordinary circumstances) under the Personnel Claims Act?

A

$40,000

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18
Q

What is your first step in determining if an emergency partial payment can be made?

A

determining if a hardship situation exists

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19
Q

If circumstances warrant, may more than one emergency partial payment be made to a claimant?

A

Yes

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20
Q

Copies of what forms need to be sent to AFCSC for partial emergency payment for a claimant.

A

SF 1034
DD Form 1842
DD Form 1844
Partial emergency payment questionnaire

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21
Q

May the claimant take delivery exceptions at destination on a DD Form 619–1, Statement of Accessorial Services Performed (Storage-In-Transit Delivery and Reweigh)?

A

No

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22
Q

If the claimant does not have access to a government computer, how do they obtain a username/password to file their claim online?

A

Call AFCSC to obtain a username or password

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23
Q

Who is responsible for preparing and filling out all required claims forms and documents, to include the DD Form 1842 and DD Form 1844?

A

the claimant

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24
Q

What information does the claimant need to annotate on the DD Form 1844?

A

name, date of pickup, date of delivery, GBL number or lot number, line number, quantity, lost or damaged items, inventory number, original cost, month/year of purchase, amount claimed, repair cost, or replacement cost

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25
Q

List at least three documents the claimant may be required to provide as supporting documentation for their claim

A

travel orders; POA; shipping documents; origin pickup inventory; destination inventory; DD form 1299; DD form 1797; notice of loss or damage form, repair, bills, and other evidence, including insurance information

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26
Q

What agency is responsible for helping members present inconvenience claims to the carrier?

A

TMO

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27
Q

Once you receive a request from the AFCSC to perform a claims inspection, how long do you have to complete the inspection and send the inspection report to the AFCSC?

A

7 calendar days

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28
Q

When taking photographs for a claims inspection, what is the minimum information that should be included?

A

the type of item and the date the photo was taken

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29
Q

What form does the claimant need to provide the base legal office in order to distinguish between damage noted on the form, which is considered PED, and the new damage the claimant is claiming on his/her POV?

A

VISF or DD Form 788

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30
Q

List at least three examples that may help settlement authorities determine if a claim is “substantially tainted by fraud.”

A
  1. altered estimates that falsely represent a significant portion of the claim
  2. numerous missing items the claimant never owned
  3. intentional misrepresentation of the ages or conditions of numerous claimed items
  4. when enough examples of fraud make it difficult, overly burdensome, or impossible for claims personnel to determine which item is legitimate
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31
Q

What does the Federal Tort Claims Act provide for?

A

the administrative settlement and payment of claims against the US, within the US, resulting from the wrongful neglect of AF military or civilian personnel while acting within the scope of their employment

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32
Q

What is the basic requirement for a claim to be payable under the Federal Tort Claims Act?

A

a claim must be for property damage, personal injury, or death caused by negligent or wrongful acts by government employee while acting within scope of employment

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33
Q

In determining liability, what is the controlling law for claims under the FTCA if local and federal laws conflict?

A

It’s governed by federal law

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34
Q

What items are considered in determining whether an employee was acting within the scope of their employment?

A
  • authorized by the employer
  • within the time and scope of their employment parameters
  • in furtherance of some interest of their employer
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35
Q

What is the statute of limitations for Federal Tort Claims Act claims?

A

3 years after it accures

36
Q

A claimant’s attorney fees will not exceed what amount if the claim is settled administratively?

A

attorney’s fees will not exceed 20% of any administrative settlement amount

37
Q

Under the MCA, what two principles govern US liability?

A
  1. negligence or wrongful omission

2. noncombat activities

38
Q

What types of claims may be presented and paid under the MCA?

A

property damage, personal injury, or death arising from negligent or wrongful acts by member or employee acting within scope of their employment , and for losses sustained as a result of the noncombat activities of military

39
Q

What amount of negligence must be proven by a claimant for the AF to pay on a noncombat activity claim? Explain.

A

none, the claimant just has to show casual connection between noncombat activity and damage

40
Q

What is the statute of limitations for claims presented under the MCA?

A

3 years after accural

41
Q

In a foreign country, how is liability generally determined on an MCA claim?

A

settlement authorities use general principles of American tort law to evaluate liability of US

42
Q

What agency establishes the geographic division of claims jurisdiction for claims against the AF?

A

JACC

43
Q

For CONUS legal offices, what is the maximum settlement authority for base-level SJAs?

A

$25,000

44
Q

Where do you send a payment voucher for an FTCA claim settled for $3,000?

A

The Judgement Fund, US Treasury

45
Q

What information should a claim legal memorandum contain?

A

state basic information about the claim; layout relevant facts, discuss applicable law, and provide recommended disposition for the settlement authority

46
Q

When sending a voucher to the AFCSC for payment, what documents must be scanned and emailed to the AFCSC voucher box?

A

completed SF 1034 and settlement agreement

47
Q

For claims over $25,000 forwarded to JACC, what is the base POC for the claim’s primary role?

A

to assist JACC staff attorney/paralegal in investigating the claim

48
Q

If the AF destroys a house belonging to a family of five, how many of those family members may request an advance payment?

A

5

49
Q

In the absence of actions being taken to toll the statute of limitations, how long does the government have to collect a claim under AFI 51–306?

A

3 years

50
Q

What actions may be taken to toll the statute of limitations under AFI 51–306?

A

suit must be filed in a federal district court prior to the 3 years

51
Q

Under what conditions should claims for less than $100 be asserted?

A

if collection cost will be small

52
Q

What action should be taken if a contracting officer refuses to assert a claim on the grounds that it is not a contract claim?

A

record the contracting offer’s intention not to assert a claim in a memo for record and maintain it in the claim file

53
Q

What does the notice of claim provide to the tortfeasor?

A

sufficient notification of the facts and circumstances surrounding the incident

54
Q

List the ways a claim can be resolved.

A

monetary offers, repairs-in-kind, termination

55
Q

If payment is not received within 18 months from the incident date, or if there is indication of fraud or misrepresentation by the tortfeasor, what is the SJA’s next step?

A

refer the file to the US attorney or the DOJ

56
Q

When is a military member required to reimburse a claimant under the provisions of AFI 51–306, chapter 6?

A

for property that AF military personnel willfully damage or wrongfully take, if the claim results from riotous, violent, or disorderly conduct

57
Q

List four types of claims not payable under chapter 6.

A
  1. claims resulting from simple negligence
  2. claims for personal injury or death
  3. claims resulting from acts or omissions of military personnel while preforming legally authorized duties
  4. claims of subrogees
  5. claims arising from private indebtedness
    claims for reimbursement for bad checks
58
Q

Who does the board of officers submit their report to for Article 139, UCMJ claims?

A

to the appointing commander through the SJA

59
Q

What is the only legal means by which a service member can be made to make administrative restitution for tangible property damage, loss, or destruction suffered by another person?

A

Article 139, UCMJ claim

60
Q

Name at least three NAF activities that would have claims against them processed in accordance with AFI 51–306.

A

AAFES and its sub facilities; Officer’s, NCO, and Airmen’s club; golf facilities and swimming pools

61
Q

Name three activities that contribute to MWR, yet are not NAFIs.

A

commissary, AF aid society, and American Red Cross

62
Q

What is the statute of limitations for submitting a use of government property claim?

A

3 years from the date it accrues

63
Q

Who may approve a UGPCA claim?

A

the chief and branch chiefs; AFLOA/JACC; the SJAs of 3AF, 5AF, AFSOC, and 9AF; and SJAs of each AF installation

64
Q

What is the maximum amount payable on a claim under the UGPCA?

A

$1,000

65
Q

Upon receipt of an admiralty claim, who should be notified?

A

JACC

66
Q

What is the Navy’s participation in an AF admiralty claims survey?

A

It’s limited to arranging the attendance of a contract marine surveyor and confirming the arrangements with JACC

67
Q

What is the maximum amount payable by the SAF on an admiralty claim without certification to Congress?

A

$500,000

68
Q

What is the maximum amount payable by TJAG on an admiralty claim?

A

$100,000

69
Q

What is the maximum payable on an ANG claim without referral to the Treasury for payment?

A

$100,000

70
Q

What action may be taken by a claimant who is dissatisfied with the denial of their claim under the NGCA?

A

the claimant can appeal within 60 days after denial

71
Q

When are the CAP and its members deemed to be an instrumentality of the US?

A

when CAP and it’s members are performing AF assigned missions

72
Q

How are claims for damage to or loss of government property on loan to CAP processed?

A

under report of survey procedures

73
Q

Before commanders and JA legally obligate the US by local military agreements, what action must be taken?

A

obtain approval from JACC

74
Q

What agency has single service claims responsibility for all SOFA claims arising in the US?

A

the army

75
Q

If stationed in a foreign country, what should you do if you actually receipt for a claim in your office from a member who is an inhabitant of a foreign country?

A

send it to the US sending state office with responsibility for that country, which will then forward it to the appropriate receiving state

76
Q

What is the Foreign Claims Act designed to do?

A

promote and retain friendly relations with foreign countries and their inhabitants by paying claims for death, personal injury, or property damage, caused by the negligent or wrongful acts of military members or civilian employees of the US armed forces, or arising out of noncombat activities of such forces

77
Q

What is the purpose of the Foreign Claims Commission?

A

promptly settle meritorious claims in foreign countries where US armed forces personnel are assigned

78
Q

In order to obtain payment from the Judgment Fund, what action must the Foreign Claims Commission take?

A

the FCC must return a copy of the paid voucher for the initial $100,000 payment to JACC

79
Q

What agency investigates, adjudicates, and settles all medical malpractice claims arising within the US?

A

JACC

80
Q

What services do medical law consultants provide?

A

medical legal services

81
Q

After an investigation of a medical malpractice claim is completed, who prepares the seven-point memorandum?

A

base legal office personnel

82
Q

What is the first step you must accomplish when a real estate claim is received by the legal office?

A

determine if the claim is eligible

83
Q

What are considered non-reimbursable real estate claim expenses?

A

owner’s title insurance policy, interest loan, points, and mortgages, property taxes, operation or maintenance cost, expenses that result from residence construction or VA funding fee

84
Q

When a claimant is represented by an attorney, what must be designated on the voucher for payment?

A

the voucher for payment designates both claimant and the attorney as payees. using attorney’s address

85
Q

What forms are used to pay a Federal Tort Claims Act claim filed for $26,000 and approved in full?

A

FS Forms 195, 196, 197, and SF 95

CDCs (6 decks)

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