Volume 4 Flashcards
Define the term “claim” as used in the AF.
A written and signed demand for or against the United States or 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.
What is a major accident?
An accident of such a magnitude as to warrant response by the installation Disaster Response Force (DRF).
What is an 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 is the EOC director?
The Mission Support Group commander or other senior representative designated by the installation CC.
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 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.
List three agencies you should contact to be prepared for an accident or incident investigation.
Photo lab, motor pool, and specialized agencies, such as civil engineers and the safety office.
Photographs taken by military personnel should be annotated on the back with what essential
information?
Photographer’s name, grade, and duty organization; Social Security number; date and time photograph was
taken; orientation of the photograph to place of incident.
Diagrams, maps, sketches, or plats are very important in what types of investigations?
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.
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.
Provide at least three examples of quarters and other authorized places where individuals can file
claims for damages or losses against the AF.
Government-owned or government-leased housing assigned or otherwise provided to the claimant and
temporary quarters anywhere, including hotels, motels, guest houses, dormitories and billeting rooms the
claimant occupies during TDY.
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 51–502, chapter 2.
What is the maximum amount payable per claim (not involving evacuation or other extraordinary
circumstances) under the Personnel Claims Act?
$40,000.
For chapter 2 claims, what is the maximum amount civilian claims examiners with at least six
months current claims experience (when delegated) may settle personnel claims for?
$5,000.
If circumstances warrant, may more than one emergency partial payment be made to a claimant?
Yes.
What is the statute of limitations for claims filed under AFI 51–502, chapter 2?
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.
Within what period of time must the legal office send the notice of loss or damage form to the
carrier?
Within 75 days from the date of delivery.
Who is responsible for preparing and filling out all required forms and documents, to include the
DD Form 1842 and DD Form 1844?
The claimant is responsible for completing all claims forms.
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.
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, Quantity (number of items included,
e.g., four plates). Lost or damaged items (including brand name, trademark, model, year of manufacture,
size, etc.). Show nature and extent of damage. If lost, indicate the item is missing. Inventory number
(number found on the inventory). Original cost. (This price should be what the claimant actually paid for
the item.) Month/year of purchase (month and year the claimant purchased the item). Amount claimed,
repair cost, or replacement cost. (The claimant should use one or the other, either replacement cost or cost
of repairs.)
List at least three documents the claimant may be required to provide as supporting
documentation for their claim.
Travel orders; power of attorney, if an agent submits the claim; shipping documents (GBL, freight bill);
origin pickup inventory; destination inventory; DD Form 1299; DD Form 1797; Notice of Loss or Damage
Form (DD Form 1840/1840R; Form 1850/1851, or similar carrier generated form); repair bills, estimates,
replacement cost quotations, and other substantiation for sums claimed; 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, can you return it?
No. 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 do 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?
The foam or stuffing around the rip or tear will be 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 aforeign country, for damage to or loss of property, or for personal injury or death resulting from thenegligent or wrongful act or omission of Air Force military or civilian personnel while acting within thescope 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 bythe negligent or wrongful acts or omissions of government employees while acting within the scope of theiroffice 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 oftheir employment?
The acts of employees must be authorized by their employer, be within the time and scope of theiremployment parameters, and be in furtherance of some interest of their employer.
What is the statute of limitations for Federal Tort Claims Act claims?
Two 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 thesix 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 oremployees of the armed forces acting within the scope of employment, and for losses sustained as a resultof 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, amphibiousvehicles, 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 noncombatactivity claim? Explain.
None. The claimant only has to show a causal connection between an authorized noncombat activity andthe 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 two years of accrual, unless theUnited States is at war or in an armed conflict when the claim accrues, or the US enters a war or armedconflict 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 andstandard 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?
$5,000.
If your SJAs settlement authority is $5,000, and you have a claim from an insurance company for$2,000, 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 wouldexceed the SJAs settlement authority of $5,000.
Where do you send a payment voucher for an FTCA claim settled for $3,000?
The Judgment Fund, US Treasury.
What information should a 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 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 $5,000 forwarded to JACC, what is the POC’s primary role?
To assist the JACC staff attorney/paralegal in investigating the claim.
Name two types of documents that 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 anyperson or entity except under limited circumstances set out in the statute). In addition, these documents maynot be released to US Attorneys or the DOJ without the express permission of JACC; and other materialacquired as part of the deliberative process, including legal research.
