Volume 3 Flashcards
According to AFI 10-2501, Emergency Management Program, what is the definition of a major accident?
An accident of such a magnitude as to warrant response by the installation disaster response force (DRF).
What is an emergency operations center (EOC)?
The EOC is the command and control support elements that directs, monitors, and supports the installation’s actions before, during, and after an incident.
Who activates the EOC?
The installation commander.
Who updates the ICC with ongoing incident status and seeks support through the ICC when on-scene requirements surpass the installation’s inherent capability and the installation’s cumulative capabilities acquired through mutual aid agreements (MAA)?
The EOC
How does the National Response Plan define the EOC?
The physical location at which the coordination of information and resources to support attack response and incident management activities normally takes place…
Who is the EOC director?
The mission support group commander or other senior representative designated by the installation CC.
Who is the EOC manager?
The CE Readiness officer or superintendent
performs functions such as
identifying requirements for EOC assets;
maintaining EOC activity logs and records;
overseeing activation of the EOC; information flow and briefing schedules, and EOC deactivation
Who is the incident commander in the EOC?
SME’s from fire, medical, or SF response elements.
Trained and experienced responder who provides on-scene tactical control using subject matter experts (SME) and support from other functionals.
What is the attorney/paralegal team role when assigned to the EOC?
To advise the incident commander and other key personnel on any legal matters that may arise.
Why would PA personnel need your assistance in the EOC?
They will need to know what information they can and cannot release to the public, news agencies, family, and friends.
What should the legal office have prepared in anticipation of a natural disaster or major accident?
Plan of action and an emergency operations kit.
What agencies you should contact to be prepared for an accident or incident investigation.
Multi-media, transportation, and specialized agencies, such as civil engineers and the safety office.
What essential information should be annotated on the back of photographs taken by military personnel for an accident or incident investigation?
Photographer’s name, grade, and duty organization; DoDI number; date and time photograph was taken; orientation of the photograph to place of incident.
What types of investigations are diagrams, maps, sketches, or plats very important to?
Incidents where the damage covers a wide area such as an aircraft crash site.
If the claims officer thinks a repair estimate is unreasonable, what may the claims officer do?
Require the claimant to furnish a second estimate from another source.
What documents within a claims file may never be released outside of the US government?
Legal memoranda containing opinions, conclusions, and recommendations; attorneys’ and paralegals’ written summaries of witness interviews; experts’ written reports and evaluations without approval of JACC; medical quality assurance documents (10 U.S.C. 1102); and any other material acquired as part of
the deliberative process, including legal research.
When do you create a potential claim file?
As soon as it appears likely the Air Force may incur substantial liability or that a claim may be filed.
When is a master claim file prepared?
When multiple claims (five or more) arise out of a single accident/incident.
How does the base SJA report incidents to the supervisory GCM, MAJCOM, and JACC?
By the most expeditious means and followed by a written report within 24 hours.
Define the term “claim” as used in the AF.
- A written and signed demand for or against the United States or the Air Force for payment of a sum certain other than for obligations incurred in the regular procurement of services, supplies, equipment, and real estate.
May claims be submitted orally? If so, by what authority?
Yes; Article 139, UCMJ.
What types of claims are processed according to AFI 23–101?
Claims for loss of uniforms and clothing items, to include personnel clothing claims for uniform items which are lost, stolen, or otherwise made unserviceable through no fault or negligence of the Air Force member.
What are the levels of claims settlement authority in the AF?
TJAG;
AFLOA/JACC;
MAJCOM SJAs,
NAF SJAs, and
base SJAs.
What office supervises and inspects claims activities through staff assistance visits?
The Claims and Tort Litigation Division (AFLOA/JACC).
Who must appoint claims officers and how?
The base SJA, in writing.
Who designates claims jurisdictions for the bases within their areas of responsibility overseas?
HQ USAFE/JA,
HQ PACAF/JA, and
HQ CENTAF/JA.
Who may file a claim on the behalf of a proper claimant?
Their authorized agents, with a power of attorney (or in the case of a spouse, a letter of authorization specifically granting permission to file a claim);
their legal representatives with a court order; or
the survivor of the deceased proper claimant.
Under what conditions can payment be made for losses or damage occurred during a DITY move?
When loss or damage to property during the move results from events outside the claimant’s control.
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?
Loss or damaged caused by fire, flood, hurricane, or other unusual occurance, or by theft or vandalism.
May an AF member receive payment for damage to their POV used during military duty? If so, what must they provide?
Yes. Written orders must be provided to prove authorized use for government business
MSgt Andrew Mather submitted a claim for damage to his off-base residence caused by the carrier company while moving in his household goods. Is this claim payable? Why?
No. Loss of or damage to real property is not payable pursuant to AFI 51–306, chapter 4.
What is the maximum amount payable per overseas claim (not involving evacuation or other extraordinary circumstances) under the Personnel Claims Act?
$40,000.
What is your first step in determining if an emergency partial payment can be made?
Does a hardship situation exist.
If circumstances warrant, may more than one emergency partial payment be made to a claimant?
Yes.
Copies of what forms need to be sent to AFCSC for partial emergency payment for a claimant
SF 1034, DD Form 1842, DD Form 1844, and the partial emergency payment questionnaire.
What is the statute of limitations for claims filed under AFI 51–306?
Two years from the date of incident
What is normally considered the date of incident for damage to personal property incident to shipment?
The date the damage or loss occurred, or the date that a claimant discovered or reasonably should have
discovered the loss or damage.
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)?
No
If the claimant does not have access to a government computer, how do they obtain a username/password to file their claim online?
Call the AFCSC to get a username/password.
Who is responsible for preparing and filling out all required claims forms and documents, to
include the DD Form 1842 and DD Form 1844?
The claimant is responsible for completing all claims forms
What information does the claimant need to annotate on the DD Form 1844?
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
List at least three documents the claimant may be required to provide as supporting
documentation for their claim for HHG
Travel orders; power of attorney, if an agent submits the claim; shipping documents; origin pickup inventory; destination inventory; DD Form 1299; DD Form 1797; notice of loss or damage form, repair bills, other evidence, including insurance information.
If a claimant does not complete the claims forms properly or fails to provide adequate supporting documents for the claim, what should you do?
Do not refuse to accept the claim or return the form. Inform the claimant that processing may be delayed
until the appropriate forms are prepared and presented with proper documentation
What agency is responsible for helping members present inconvenience claims to the carrier?
TMO
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?
Seven calendar days
What should you do if you believe the carrier took excessive exceptions for PED?
Include a detailed statement in the inspection report with examples of the items where damages were noted on the inventory, but were not present during your inspection.
When inspecting damaged wood furniture, what do small pieces of wood flaking off on your
finger indicate?
The damage is new and not preexisting.
How can you tell if the damage is new in an upholstery rip?
If the foam or stuffing around the rip or tear is clean.
When taking photographs for a claims inspection, what is the minimum information that should be included?
The type of item and the date the photograph was taken
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?
VISF or DD Form 788
In the event dents and scratches are not clearly visible in the photo taken at a vehicle inspection, what should you note on the inspection sheet?
Detailed notes to include relative size/shape of dents(s) and length of scratches.
List at least three examples that may help settlement authorities determine if a claim is “substantially tainted by fraud.”
Altered estimates that falsely represent a significant portion of the claim, numerous missing items the claimant never owned, intentional misrepresentation of the ages or conditions of numerous claimed items,
or when enough examples of fraud to make it difficult, overly burdensome, or impossible for claims personnel to determine which items are legitimate.
What does the Federal Tort Claims Act provide for?
The administrative settlement and payment of claims against the United States, except those that arise in a
foreign country, for damage to or loss of property, or for personal injury or death resulting from the negligent or wrongful act or omission of AF military or civilian personnel while acting within the scope of
their employment.
What is the basic requirement for a claim to be payable under the Federal Tort Claims Act?
To be payable under the FTCA, a claim must be for property damage, personal injury, or death caused by the negligent or wrongful acts or omissions of government employees while acting within the scope of their office or employment, to the extent the United States has waived sovereign immunity.
In determining liability, what is the controlling law for claims under the FTCA if local and federal laws conflict?
It is governed by federal law (the FTCA).
What items are considered in determining whether an employee was acting within the scope of their employment?
The acts of employees must be authorized by their employer, be within the time and scope of their employment parameters, and be in furtherance of some interest of their employer.
What is the statute of limitations for Federal Tort Claims Act claims?
Three years after it accrues.
When is a suit permitted under the Federal Tort Claims Act?
Only after an administrative claim has been denied or if the agency has not acted upon the claim within the six month window, the claimant may choose to file suit.
A claimant’s attorney fees will not exceed what amount if the claim is settled administratively?
Attorney fees will not exceed 20 percent of any administrative settlement amount.
Under the MCA, what two principles govern US liability?
The first is based on negligence or wrongful acts or omissions and the second is noncombat activities.
What types of claims may be presented and paid under the MCA?
Property damage, personal injury, or death arising from the negligent or wrongful acts by members or employees of the armed forces acting within the scope of employment, and for losses sustained as a result of the noncombat activities of the military services.
List seven examples of noncombat activities.
(1) Maneuvers and special field exercises.
(2) Practice firing of heavy guns and missiles.
(3) Practice bombing.
(4) Operation of military spacecraft and aircraft.
(5) Use of military balloons.
(6) Movement of combat vehicles or other equipment designed for military use, such as tanks, amphibious vehicles, and other vehicles not primarily designed or used for civilian purposes.
(7) EOD operations.
What amount of negligence must be proven by a claimant for the AF to pay on a noncombat activity claim? Explain.
None. The claimant only has to show a causal connection between an authorized noncombat activity and the injury or damage.
What is the statute of limitations for claims presented under the MCA?
A claim must be filed in writing to the appropriate federal agency within three years of accrual, unless the United States is at war or in an armed conflict when the claim accrues, or the US enters a war or armed conflict after the claim accrues, and good cause is shown.
In a foreign country, how is liability generally determined on an MCA claim?
Settlement authorities use the general principle of American tort law as made clear by case law and standard legal publications to evaluate the liability of the US.
What agency establishes the geographic division of claims jurisdiction for claims against the AF?
JACC.
For CONUS legal offices, what is the maximum settlement authority for base-level SJAs?
$25,000.
If your SJAs settlement authority is $25,000, and you have a claim from an insurance company for $23,000, and one from an insured member for $4,000 for the same incident, does the SJA have authority to settle/deny the claims? Why?
No. A principal claim and any subrogation claims are treated as a single claim and both claims would
exceed the SJAs settlement authority of $25,000
Where do you send a payment voucher for an FTCA claim settled for $3,000?
The Judgment Fund, US Treasury.
What information should a claim legal memorandum contain?
It should state the basic information about the claim, lay out the relevant facts, discuss the applicable law, and provide recommended disposition for the settlement authority’s concurrence.
What is one of the first things you should do if a claim will be adjudicated by your base office?
Send the claimant a receipt acknowledgement letter.
When sending a voucher to the AFCSC for payment, what documents must be scanned and emailed to the AFCSC voucher box?
Completed SF 1034 and the settlement agreement.
By what method is a final denial letter sent to the claimant or authorized agent?
Through the US Postal Service by certified or registered mail, return receipt requested.
When a claim has been denied, how many times may a claimant ask for reconsideration?
Once.
For claims over $25,000 forwarded to JACC, what is the base POC for the claim’s primary role?
To assist the JACC staff attorney/paralegal in investigating the claim.
What types of documents can never be released to anyone outside the US government?
Legal memoranda containing opinions, conclusions, and recommendations; Attorneys’ and paralegals’ written summaries of witness interviews; Experts’ written reports and evaluations (including engineering reports on sonic boom complaints), without approval of JACC; Medical quality assurance documents.
(Under 10 USC §1102, such records are confidential and privileged, and may not be disclosed to any person or entity except under limited circumstances set out in the statute). In addition, these documents may
not be released to US Attorneys or the DOJ without the express permission of JACC; and other material acquired as part of the deliberative process, including legal research.
What circumstances may warrant providing a claimant with an advance payment?
An immediate need for food, shelter, medical or burial expenses, or other necessities. A commercial enterprise may be entitled to an advance payment if needed to prevent severe financial loss or bankruptcy.
If the AF destroys a house belonging to a family of five, how many of those family members may request an advance payment?
Five.
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?
Three years from the date the cause of action accrues.
What actions may be taken to toll the statute of limitations under AFI 51–306?
Suit must be filed in a federal district court prior to the three years passing
Under what conditions should claims for less than $100 be asserted?
If it appears that collection costs will be small.
What action should be taken if a contracting officer refuses to assert a claim on the grounds that it is not a contract claim?
Record the contracting officer’s intention not to assert a claim in a memorandum for record and maintain it in the claim file.
If damage was caused by an AF member or civilian employee and a report of survey is
mandatory, can a claim still be asserted?
No. A report of survey would indicate liability
What agency should you advise of all incidents involving damage to or loss of government
property that may result in liability of a third party in excess of $10,000?
JACC.
What does the notice of claim provide to the tortfeasor?
Sufficient notification of the facts and circumstances surrounding the incident
List the ways a claim can be resolved.
Monetary offers, repairs-in-kind, and termination
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?
Refer the file to the US Attorney or the DOJ.
What is the basis for determining whether an amount is within the settlement authority of a particular SJA?
The amount asserted against the debtor
When is a military member required to reimburse a claimant under the provisions of AFI 51–306, chapter 6?
For property that AF military personnel willfully damage or wrongfully take, if the claim results from riotous, violent, or disorderly conduct.
List four types of claims not payable under chapter 6.
Any four of the following:
(1) Claims resulting from simple negligence.
(2) Claims for personal injury or death.
(3) Claims resulting from acts or omissions of military personnel while performing legally authorized duties.
(4) Claims of subrogees.
(5) Claims arising from private indebtedness.
(6) Claims for reimbursement for bad checks.
What must happen if a commander receives a complaint, but does not have SPCM authority?
The commander sends the complaint and any documentary evidence relative to it to the next superior authority in the chain of command having SPCM authority.
Who does the board of officers submit their report to for Article 139, UCMJ claims?
To the appointing commander, through the SJA.
May decisions made by the appointing commander be appealed by either the claimant or the offender?
No
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?
Article 139, UCMJ claim
Name at least three NAF activities that would have claims against them processed in accordance with AFI 51–306.
AAFES and its sub-facilities, but not concessionaires; Officers’, NCO, and Airmen’s clubs; golf facilities
and swimming pools.
Name three activities that contribute to MWR, yet are not NAFIs.
Commissary, Air Force Aid Society, and the American Red Cross.
List three types of claims not payable with nonappropriated funds.
Claims arising out of the operation of a NAFI activity caused by military personnel or appropriated fund civilian employees performing assigned AF duties, even though they benefit a NAFI activity; claim of NAFI employees for personal injury or death arising out of the performance of their duties; claims arising out of activities of AF volunteers; claims that NAFI concessionaires or other contractors cause; claims arising out of the activities of private organizations; and claims arising out of NAFI activities involving contract disputes, dishonored checks, debts to NAFIs, or third party workers’ compensation claims.
What is the statute of limitations for submitting a use of government property claim?
Three years from the date it accrues.
What claims are payable under chapter 2, AFI 51–306, Tort Claims?
(1) The claim is for property damage, personal injury, or death. Payment for personal injury or death claims is limited to costs of reasonable medical, hospital, and burial expenses actually incurred and not otherwise furnished or paid by the US.
(2) The damage, injury, or death was caused by a military member or civilian employee of the AF, whether acting within or outside the scope of employment.
(3) The damage, injury, or death was a result of the use of a government vehicle at any place or from the use of other government property on a government installation.
(4) The claim is not payable under any other provision of law except Article 139, UCMJ.
Who may approve a UGPCA claim?
The chief and branch chiefs, AFLOA/JACC; the SJAs of 3AF, 5AF, AFSOC (for USSOCOM), and 9AF (for USCENTCOM); and the SJAs of each AF installation.
What is the maximum amount payable on a claim under the UGPCA?
$1,000.
What is the remedy for a claim under the AFACA that is filed past the statute of limitations?
There isn’t any remedy. The claimant must settle with the AF within three years from the date the cause of action arises. After this time period, there is no authority for administrative settlement of an admiralty
claim.
Upon receipt of an admiralty claim, who should be notified?
JACC
What is the Navy’s participation in an AF admiralty claims survey?
It is limited to arranging the attendance of a contract marine surveyor and confirming the arrangements with JACC.
What is the maximum amount payable by the SAF on an admiralty claim without certification to Congress?
$500,000.
What is the maximum amount payable by TJAG on an admiralty claim?
$100,000.
What is the maximum payable on an ANG claim without referral to the Treasury for payment?
$100,000.
How is the statutory time period for filing computed?
Exclude the day of the incident and include the day the claim was filed.
Before payment of an NGCA claim, what must the claimant do?
Sign a settlement agreement.
What action may be taken by a claimant who is dissatisfied with the denial of their claim under the NGCA?
The claimant can appeal within a reasonable time, normally within 60 days after denial.
When are the CAP and its members deemed to be an instrumentality of the US?
When the CAP and its members are performing AF assigned missions, they are deemed to be an
instrumentality of the US for civil liability purposes.
What CAP claims are payable under AFI 51–306, chapter 2?
Claims for personal injury, death, or property damage that arise from the negligent or wrongful acts or omissions of the CAP or its members during activities related to AF assigned missions.
How are claims for damage to or loss of government property on loan to CAP processed?
Under report of survey procedures.
Before commanders and JA legally obligate the US by local military agreements, what action must be taken?
They must have specific approval of JACC.
Explain the terms “receiving state” and “sending state.”
Under the NATO SOFA, the “receiving state” is the state receiving visiting forces and the “sending state” is the state sending forces.
What agency has single service claims responsibility for all SOFA claims arising in the US?
The Army.
What should you do if stationed in a foreign country and you are approached by an individual who is an inhabitant of a foreign country who wants information about filing a claim?
Direct the person to the appropriate receiving state.
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?
Send it to the US sending state office with responsibility for that country, which will then forward it to the
appropriate receiving state.
What types of incidents are excluded from payment by the IACA?
Claims caused by US enemy actions or actions of US forces in combat and torts committed by contractor personnel.
What is the Foreign Claims Act designed to do?
Promote and maintain 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.
When may a claim be filed orally under the Foreign Claims Act?
If based on local custom
What is the purpose of the Foreign Claims Commission?
Promptly settle meritorious claims in foreign countries where US armed forces personnel are assigned.
In what currency does the Foreign Claims Commission pay the claimant?
In the currency of the country where the incident occurred.
In order to obtain payment from the Judgment Fund, what action must the Foreign Claims Commission take?
The FCC must return a copy of the paid voucher for the initial $100,000 payment to JACC.
What agency investigates, adjudicates, and settles all medical malpractice claims arising within
the US?
AFLOA/JACC.
What services do medical law consultants provide?
Medical legal services to the MTF/CC and staffs of the facility to which they are assigned and to MTF/CCs within their regions either directly or through reach-back by base SJA.
After an investigation of a medical malpractice claim is completed, who prepares the seven-point memorandum?
Base legal office personnel.
What is the first step you must accomplish when a real estate claim is received by the legal office?
Determine if the claim is eligible.
What are considered non-reimbursable real estate claim expenses?
Owner’s title insurance policy, interest on loans, points, and mortgages, property taxes, operation or maintenance cost, expenses that result from residence construction or VA funding fee.
When a claimant is represented by an attorney, what must be designated on the voucher for payment?
The voucher for payment designates both the claimant and the attorney as payees, using the attorney’s address.
What forms are used to pay a Federal Tort Claims Act claim filed for $26,000 and approved in full?
FS Forms 195, 196, and 197a, and SF 95(if another written demand is not used in place of the SF 95).
What is AFI 51-307?
Aerospace and Ground Accident Investigations;
guidance on when and how to conduct an aerospace accident investigation occurring on land or a body of water that result in death, permanent disability, or significant property damage.
What AFI is used for Safety Investigations?
AFI 91-204, Safety Investigations and Reports
Which AFI is used for processing claims regarding loss of uniforms and clothing items which are lost, stolen, or otherwise made unserviceable through no fault or negligence of the AF member.
Air Force Instruction 23–101, Air Force Materiel Management
Chapter 8, Logistics Programs and Systems
DOES NOT provide for payment of gov property such as parkas, helmets, and weapons.
Where do you find guidelines for AF personnel dealing with litigation, tax disputes, and legal or administrative proceedings?
AFI 51-301
It also covers the procedures for allowing AF personnel to appear as witnesses in a civilian court.
Where do you find all of the information necessary to adjudicate tort claims?
Tort Law and Claims Action Officer Handbook on FLITEKM
What is the primary purpose of the Claims Service Center Action Officer Handbook found on FLITEKM?
to guide judge advocate general (JAG) Corps members in the field when working with the claims service center (CSC).
