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Sample DD Form 1840R, Notice of Loss or Damage - 14135_328
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Legalman 1 & C - Navy Lawyer / Jag training guide manuals
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Loss Caused by Military Personnel
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. 12-21

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