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Division of OJAG be involved in the case from the
earliest possible moment.
After initially notifying JAG, the command must
promptly begin an investigation of the incident. A
JAGMAN investigation usually is required although, in
some circumstances, a letter report is appropriate.
Section 1205 of the JAG Manual provides guidance for
determining whether a JAGMAN investigation is
necessary, and, if one is necessary, the type of
investigation that is most appropriate. Chapter II of the
JAG Manual provides specific investigatory
requirements for certain maritime incidents. Also,
sections 1207 and 1210 of the JAG Manual prescribe
requirements and procedures concerning witnesses and
documents in admiralty investigations.
NONSCOPE CLAIMS
Section 2737 of Title 10, U. S. C., and enclosure (4)
of JAGINST 5890.1 provide for payment of certain
types of claims not cognizable under any other
provisions of law. Such claims are known as “nonscope
claims” and arise out of either the use of a government
vehicle anywhere or the use of government property
aboard a federal installation. The personal injury, death,
or property damage must be caused by a federal military
employee, but there is no requirement that the acts be
negligent or in the scope of federal employment (hence
the term nonscope claim).
SCOPE OF LIABILITY
As a precondition to payment under the nonscope
claims provisions, the claim must not be cognizable
under some other claims statute.
The resulting personal injury, death, or property
damage must be caused by a federal military employee
(either a military member or a civilian employee of the
armed forces or Coast Guard). Acts by employees of
nonappropriated fund activities are not covered by the
nonscope claims statute.
Neither the nonscope claims statute nor the Navy’s
regulations require that the federal military employee’s
conduct causing the loss be negligent or otherwise
wrongful.
The scope of employment concept, which is
required under the FTCA and for some MCA claims,
does not apply to nonscope claims.
Nonscope claims are limited to injury, death, or
property damage arising out of either of the following
circumstances:
l Incident to the use of a government vehicle
anywhere.
. Incident to use of government property aboard a
government installation.
(Government installation
means any facility having fixed boundaries and owned
or controlled by the federal government. It includes
both military bases and nonmilitary installations.)
There are no territorial limitations on nonscope
claims.
EXCLUSIONS ON LIABILITY
If the loss was caused, in whole or in part, by the
claimant’s negligence or wrongful acts, or by negligence
or wrongful acts by the claimant’s agent or employee,
the claimant is barred from any recovery under the
nonscope claims statute.
Subrogee and insurers may not recover subrogated
nonscope claims.
MEASURE OF DAMAGES
For personal injury or death, the claimant may
recover no more than actual medical, hospital, or burial
expenses not paid or furnished by the federal
government.
The claimant may not recover any amount that he
or she can recover under an indemnifying law or
indemnity contract.
The maximum payable as a nonscope claim is
$1,000.
STATUTE OF LIMITATIONS
A nonscope claim must be presented within 2 years
after the claim accrues or it will be forever barred.
PROCEDURES
Notable procedural aspects of nonscope claims
include the following:
. Automatic consideration of other claims. Claims
submitted pursuant to the FTCA or MCA, but which are
not payable under those acts because of scope of
employment requirements, automatically will be
considered for payment as a nonscope claim.
. Adjudicating authority.
All adjudicating
authorities listed in JAGINST 5890.1 are authorized to
adjudicate nonscope claims.
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