STATUTE OF LIMITATIONS

The statute of limitations for personnel claims is 2 years, although it can be suspended during time of armed conflict. In household goods claims, however, the claimant must act relatively promptly. Failure to take exceptions when the goods are delivered by the carrier, or within 70 days, may result in reduced payment. Also, failure to file the claim in time for the federal government to recover compensation from the earner under the carrier's contract with the government may also result in reduced payment.

PROCEDURES

Personnel claims procedures follow the same general pattern of presentment, investigation, and adjudication discussed with respect to FTCA claims. There are, however, some significant differences. Procedures in household goods shipment claims, which constitute the largest portion of personnel claims, can be _complicated. The most notable differences and distinctions are as follows: 

l Claim forms. Personnel claims are presented on DD Form 1842, Claim for Loss of or Damage to Personal Property Incident to Service, a copy of which is reproduced in appendix 5-1 of JAGINST 5890.1, encl. (5), and illustrated in figure 12-2.

Figure 12-2A.-Sample DD Form 1842, Claim for Loss of or Damage to Personal Property Incident to Service (front).

Notice of Loss or Damage (fig. 12-4), must be submitted to a personal property office within 70 days of the delivery. Failure to furnish it means the military member will not recover anything for lost or damaged articles because the government must file with the carrier by 75 days.

. Investigation. The CO of the military organization responsible for processing the claim refers the claim to a claims investigating officer. At large commands, the claims investigating officer is often a full-time civilian employee, The claims investigating officer's duties include reviewing the claim and its supporting documentation for completeness and, if necessary, examining the property damage. The claims investigating officer will also prepare and present a concurrent claim on behalf of the federal government

Figure 12-4.-Sample DD Form 1840R, Notice of Loss or Damage.

against any carriers liable for the damage under their government contract.

. _{Adjudication.} Personnel claims adjudicating authorities and their respective payment limits are listed in section 7 of JAGINST 5890.1, encl. (5). For Marine Corps personnel, personnel claims are adjudicated at Headquarters, Marine Corps. . Advance payments. When the claimant's loss is

so great that the claimant immediately needs funds to provide fundamental necessities of life, the adjudicating _authority may make an advance partial payment-normally one-half of the estimated total payment.

. Reconsideration. The claimant may request reconsideration of the claim, even though he or she has accepted payment, if the claim was not paid in full. If the adjudicating authority does not resolve the claim to the claimant's satisfaction, the request for reconsideration is forwarded to the next higher adjudicating authority. There is no right under the PCA to sue the government. . Effect of claimant's insurance. If the claimant's

property is insured in whole or in part, the claimant must file a claim with the insurer as a precondition to recovery under the PCA. The PCA is intended to supplement any insurance the claimant has; it is not intended to be an alternative to that insurance or to allow double recovery. If the claimant receives payment under his or her insurance policy for the claimed property damage, the amount of such payment will be deducted from any payment authorized on the PCA claim. Likewise, if the claimant receives payment on his or her personnel claim, and then is paid for the same loss by an insurance company, the claimant must refund the amount of the insurance payment to the federal government.

EXAMPLES

1. Facts. Airman Hero was standing near the hangar when an aircraft crashed while landing. An officer told Hero to jump into a vehicle and go to the crash scene to help out in any way he could. Airman Hero immediately complied. At the scene, Airman Hero assisted an injured crew member from the wreckage. In doing so, Airman Hero badly ripped his uniform pants on a jagged piece of debris, and the intense heat melted the plastic case of his watch. Airman Hero has presented a personnel claim for his pants and watch. Will he collect?

Solution. Yes. Although damage to articles being worn is not usually payable under the PCA, an exception exists when the loss is caused by fire, flood, hurricane, theft or vandalism, or other unusual circumstances. In this case, Airman Hero was performing an official duty in response to an aircraft disaster and suffered property damage while trying to save lives. This situation meets the requirements of unusual occurrence and, therefore, the claim is payable.

2. Facts. While parked in an authorized parking space during working hours, Seaman Rolledover's automobile was destroyed by a runaway government steamroller operated by Mr. Pancake, a civilian Navy employee acting in the scope of his employment. The car, presently valued at $3,800, is a total loss. Seaman Rolledover's insurance policy does not cover steamroller accidents, so Seaman Rolledover has filed a personal claim for $3,800. Can he collect?

Solution. Yes (but not under the PCA), Although this loss appears to be incident to service, collision damage to automobiles is specifically excluded from payment under the PCA. Like many other vehicle collision claims, Seaman Rolledover's claim is payable under the MCA because his loss was caused by a federal employee acting in the scope of employment. This claim is not payable under the FTCA because the Feres doctrine effectively prevents such claims by military members. Where one act may not cover Seaman Rolledover's loss, another statute will. The fact that this claim is not payable under the PCA actually works in Seaman Rolledover's benefit. Under the MCA, Seaman Rolledover can recover the entire $3,800 he claimed. Under the PCA, the maximum amount payable for noncollision vehicle damage is usually only $2,000.

FOREIGN CLAIMS ACT

The Foreign Claims Act, 10 U.S.C. 2734-2736 (1982) (FCA), provides compensation to inhabitants of foreign countries for personal injury, death, or property damage caused by, or incident to noncombat activities of military personnel overseas. Although the U.S. Government's scope of liability under the FCA is broad, certain classes of claimants and certain types of claims are excluded from the statute's coverage. Procedures for adjudicating an FCA claim are substantially different from the general procedural pattern for other types of claims against the government.

Chapter VIII, part B, of the JAG Manual prescribes the requirements for the investigation and adjudication of FCA claims.