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CLAIMS AGAINST THE GOVERNMENT-SPECIALIZED CLAIMS STATUTES The general claims statutes discussed earlier in this chapter cover abroad range of losses and incidents. The specialized claims statutes are limited to certain types of losses suffered by specific classes of claimants occurring under certain specific circumstances. The specialized claims statutes interact with the general claims statutes in two ways. First, they may permit compensation for certain losses, claimants, or incidents not covered by one of the general claims statutes. Some of the specialized statutes were enacted to plug gaps in the general claims statutes. Second, the specialized claims statutes often act as exclusions from liability under general statutes. For example, a claim that otherwise would be payable under the FTCA or the MCA cannot be paid under those statutes if it is also cognizable under the Military Personnel and Civilian Employees' Claims Act. MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT The Military Personnel and Civilian Employees' Claims Act of 1964,31 U.S.C. 3721 (1982) (hereafter called the Personnel Claims Act [PCA]), is a gratuitous payment statute intended to maintain morale by compensating service members and other federal employees for personal property that is lost, damaged, or destroyed incident to service. Like the MCA, the PCA contemplated payment of claims under such regulations as the head of an agency may prescribe. Personnel claims regulations in other services are similar to the Navy's, but are not identical. SCOPE OF LIABILITY The PCA is limited to recovery for personal property damage that includes the loss, destruction, capture, or abandonment of personal property. Damage to real property (land, buildings, and permanent fixtures) is not covered, but maybe compensated under the MCA. Also, remember that the PCA applies worldwide. Only military personnel and civilian employees of the Department of Defense may recover compensation. Military personnel include commissioned officers, warrant officers, enlisted personnel, and other appointed military members. Civilian employees include those paid by the Department of the Navy on a contract basis. To be payable under the PICA, the claimant's loss must have occurred incident to military service or employment. Eleven general categories of losses incident to service exist. These categories include the following: 1. Property losses in quarters or other authorized spaces designated by superior authority for storage of the claimant's personal property 2. Transportation losses, such as damage to household goods shipped pursuant to PCS orders 3. Losses caused by marine or aircraft disaster 4. Losses incident to combat or other enemy action 5. Property damage by being subjected to extraordinary risks 6. Property used for the benefit of the U.S. Government 7. Losses caused by the negligence of a federal employee acting within the scope of employment 8. Money deposited with authorized personnel for safekeeping, deposit, transmittal, or other authorized disposition 9. Certain noncollision damage to motor vehicles (limited to $2,000, not including the contents of the vehicle) 10. Damage to house trailers and contents while on federal property or while shipped under government contract 11. Certain thefts aboard military installations from the possession of the claimant. NOTE: Within each of these 11 categories are numerous specific types of incidents and circumstances. The rules governing each of these 11 areas can be complex and detailed. Therefore, it is absolutely necessary to refer to JAGINST 5890.1 to determine whether a particular personnel claim is contemplated by one of the 11 categories. Not only must the property damage or loss occur incident to service, the claimant's possession and use of the damaged property must have been reasonable, useful, or proper under the circumstances. While the PCA provides broad protection for the military member's personal property, the government has not undertaken to insure all property against any risk. A personnel claim will usually be denied if the claimant's possession or use of damaged property was unreasonable under the circumstances. Thus, while possession of an inexpensive radio in a locker in the barracks is reasonable under most circumstances, keeping a $1,500 stereo system in the locker usually is not. Whether the possession or use of the property was reasonable, useful, or proper is largely a matter of judgment by the adjudicating authority. Factors that are considered include, but are not limited to, the claimant's living conditions, reasons for possessing or using the property, efforts to safeguard the property, and the foreseeability of the loss or damage that occurred. EXCLUSION FROM LIABILITY Exclusions from personnel claims liability fall into three general categories. The two most common examples are as follows: l Caused by claimant's negligence. If the property damage was caused, either in whole or in part, by the claimant's negligence or wrongful acts, or by such conduct by the claimant's agent or employee acting in the scope of employment, the personnel claim will be denied. Such contributory negligence is a complete bar to recovery. . Collision damage to motor vehicle. Damage to motor vehicles is not payable as a personnel claim when it was caused by collision with another motor vehicle. "Motor vehicle" includes automobiles, motorcycles, trucks, recreational vehicles, and any other self-propelled military, industrial, construction, or agricultural equipment. Collision claims may be paid under other claims statutes-most frequently the FTCA or MCA-depending on the circumstances. JAGINST 5890.1 limits or prohibits recovery for certain types of property damage. The most common examples are as follows: l Currency or jewelry shipped or stored in baggage l Losses in unassigned quarters in the United States l Enemy property or war trophies l Unserviceable or worn-out property l Articles acquired for persons other than the claimant and members of his or her immediate household l Inconvenience or loss of use expenses l Items of speculative value l Business property l Sales tax l Appraisal fees l Quantities of property not reasonable or useful under the circumstances l Articles being worn except under certain limited circumstances l Intangible property representing ownership or interest in other property, such as bankbooks, checks, stock certificates, and insurance policies l Contraband (property acquired, possessed, or transported in violation of law or regulations) The rules for calculating the amount the claimant can recover on a personnel claim are not complicated. The provisions of JAGINST 5890.1, encl. (5), for computing the amount of award may be summarized as follows: . If the property can be repaired, the claimant will receive reasonable repair costs established either by a paid bill or an estimate from a competent person. Estimate fees may also be recovered under certain circumstances. Deductions may be made for any preexisting damage (damage or defects that existed before the incident that gave rise to the personnel claim) that also would be repaired. If the cost of repairing the property exceeds its depreciated replacement cost, however, the property will be considered not economically repairable. . If the property cannot be economically repaired the claimant will recover an amount based on the property's replacement cost. This amount is reduced to reflect any depreciation. Schedules of depreciation deductions are published by JAG. The schedules do not normally require depreciation for items less than 6 months old. Older items are depreciated on a basis of a percentage of the replacement cost for each year the claimant owned the property. Depreciation deductions are not usually taken for certain expensive items that appreciate in value over time (antiques, heirlooms, valuable jewelry) or for relatively unique items such as original works of art. Deductions may also be taken when the claimant retains property that cannot be economically repaired, but nonetheless retains a significant salvage value. The maximum amount payable under the PCA is $40,000. Lower maximum amounts may be imposed for certain types of property. For example, noncollision damage claims for motor vehicles are limited to $2,000, except when the vehicle is being shipped pursuant to PCS orders. |
 
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