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.
