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126 Cards in this Set
- Front
- Back
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601> Define the term "Claim."
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Written & signed demand for or against the US or AF for payment of a sum certain other than for obligations incurred in the regular procurement of services, supplies, equipment, and real estate.
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601> May claims be submitted orally? By what authority?
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Yes, Article 139, UCMJ
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601> What types of claims are processed according to AFMAN 23-110?
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Claims for loss of uniforms & clothing items, to include personnel clothing claims for uniform items which are lost, stolen, or otherwise mode unserviceable through no fault of the AF member.
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602> What are the levels of claims settlement authority in the AF?
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TJAG
AFLOA/JACC MAJCOM SJAs NAF SJAs Base SJAs |
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602> What office supervises and inspects claims activities through staff assistance visits?
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AFLOA/JACC (Claims & Tort Litigation Division)
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602> Who must appoint claims officers & how?
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The base SJA in writing.
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603> What is a major accident?
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An accident of such magnitude as to warrant response by the Installation Disaster Response Force (DRF).
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603> What is an Emergency Operations Center (EOC)?
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The EOC is the command and control support elements that directs, monitors, and supports the installation's actions before, during, and after an incident.
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603> Who activates the EOC?
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The installation CC
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603> Who is the EOC Director?
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The MSG/CC or other senior representative designated by the installation CC.
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603> What is the attorney/paralegal team role when assigned to the EOC?
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To advise the Incident CC and other key personnel on any legal matters that may arise.
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603> Why would public affairs need your assistance in the EOC?
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They will need to know what information they can and cannot release to the public, news agencies, family, and friends.
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604> What should the legal office have prepared in anticipation of a natural disaster or major accident?
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A plan of action and an Emergency Operations Kit
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604> List three agencies you should contact to be prepared for an accident/incident investigation.
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Photo lab, Motor Pool, & specialized agencies such as CE & the Safety Office.
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604> Photographs taken by military personnel should be annotated on the back with what essential information?
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Photographer's name, grade, & duty organization, SSAN; Date & Time photo was taken, Orientation of Photograph to place of incident.
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604> What type of investigations are Diagrams, Maps, Sketches or Plats important to
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Incidents where the damage covers a wide area such as an aircraft crash site.
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604> If the Claims Officer thinks the repair estimate is unreasonable, what may he do?
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Require claimant to furnish a second estimate from another source.
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604> What documents within a claims file may never be released outside the US government
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-Legal Memoranda containing opinions, recommendations, conclusions of attys & paralegals
-Written summaries of witness interviews -Expert written reports -Evaluations without approval of JACC; Medical quality assurance documents (10 USC 1102) And any other material acquired as part of the deliberative process including legal research. |
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605> When do you create a potential claim file?
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As soon as it appears likely the AF may incur substantial liability or that a claim may be filed.
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605> When is a master claim file prepared ?
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When multiple claims (5+) arise out of a single accident or incident.
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605> How does the base SJA report incidents to the supervisory GCM, MAJCOM, & the JACC?
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By the most expeditious means and followed by a written report within 24 hours.
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606> Who designates claims jurisdictions for the bases within their AORs overseas.
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HQ USAFE/JA
PACAF/JA CENTAF/JA |
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606> Who may file a claim on the behalf of a proper claimant?
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Their authorized agents with a PoA or in the case of a spouse, a letter of authorization specifically granting permission to file a claim, their legal representative with a court order, or the survivor of the deceased proper claimant.
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606> Under what conditions can payment be made for loss or damage that occurred that during a DITY move?
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When loss or damage to property during the move results from events outside the claimant's control.
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606> Provide at least three examples of quarters and other authorized places where individuals can file claims for damages or losses against the AF?
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Gov't owned or leased housing assigned or otherwise provided to the claimant(s), temporary quarters, anywhere including hotels, motels, guest houses, dorms, & billetting rooms the claimant occupied during TDY.
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606> May an AF member receive payment for damage to their privately owned vehicle used during military duty?
If so, what must they provide? |
Yes.
Provide: Written orders must be provided to prove authorized use for government business. |
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606> MSgt A 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 damage to real property is not payable pursuant to AFI 51-502, Chapter 2. |
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607> What is the maximum amount payable per claim not involving evacuation or other extraordinary circumstances under the Personnel Claims Act?
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$40k
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607> For Chapter 2 claims, up to what amount may civilian claim examiners with up to 6 month claims experience, when delegated, settle claims?
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$5k
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607> If circumstances warrant, may more than 1 emergency partial claimant be made to a claimant?
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Yes
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607> What is the statute of limitations for claims filed under AFI 51-502 Chapter 2?
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2 years from date of incident
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607> What is normally considered the date of incident for damage to personal property, incident to shipment?
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The date the damage or loss occurred or the date that a claimant discovered or reasonably should have discovered the loss or damage.
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608> May the claimant take delivery exceptions at destination on a DD Form 619-1, Statement of Accessorial Services Performed (storage, in-transit, delivery, & reweigh)?
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No
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608> Within what period of time must the legal office send the notice of loss or damage form to the carrier?
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Within 75 days of the date of delivery
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608> If the shipment is a DPM from one state to another, and or overseas shipment as listed in block 10 as local, DPM, D, &/ or HA, who should the form be dispatched to?
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Both the carrier listed in block 9 and the carrier listed in block 15
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608> If the claimant doesn't have access to a government computer, how do they obtain a username and password to file their claim online?
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Call AFCSC for username/password
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608> List the forms normally given to a claimant for the purpose of presenting a household goods claim
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DD Form 1842 & DD Form 1844
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608> List three documents the claimant may be required to provide as supporting documentation for their claim
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-Travel Orders
-POA -Shipping Documents -Origin Pickup Inventory -Destination Inventory -DD Form 1299 Application for Shipment or Storage of Personal Property -DD Form 1797, Personal Property Counseling Checklist -Notice of Loss or Damage Form -Repair bills -Estimates -Replacement Quotes -Insurance Information |
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608> If claimant doesn't complete the claims forms properly or fails to provide adequate supporting documents for the claim?
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No, inform the claimant that processing may be delayed until the appropriate forms are prepared and presented with proper documentation.
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608> What agency is responsible for helping members presenting inconvenience claims to the carrier?
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TMO
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608> Once you receive a request for the AFCSC to perform a claims inspection, how long do you have to complete the inspection and send the inspection report to the AFCSC?
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7 calendar days
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608> What do you do if you believe the carrier took excessive exceptions for PED?
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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.
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608> When inspecting damaged wood furniture, what do small pieces of wood flaking off on your finger indicate?
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The damage is new and not pre-existing.
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608> In an upholstery rip, how can you tell if the damage is new?
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The stuffing is clean.
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608> When taking photographs for a claims inspection, what is the minimum information that should be included?
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-The type of item
-Date photo was taken |
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608> 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 states is on the POV...
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Vehicle Inspection Shipment Form
DD Form 788, Private Vehicle Shipping Document for Automobile |
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608> In the even dents and scratches are not clearly visible in the photo taken at the vehicle inspection, what should you note on the inspection sheet?
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Detailed notes to include relative size & shape of dents & length of scratches.
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608> List at least three examples that may help settlement authorities determine if a claim is "substantially tainted by fraud."
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-Altered estimates that falsely represent a significant portion of the claim
-Numerous missing items the claimant never owned. -Intentional misrepresentation of the ages/conditions of numerous claimed items -Enough examples of fraud make it difficult, overly burdensome, or impossible for claims personnel to determine which items are legitimate. |
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609> What does the Federal Tort Claims Act provide for?
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The FTCA provides for the administrative settlement & payment of claims against the US, except for those that arise in a foreign country, for damage to or loss of property, or for personal injury or death, resulting in the negligent wrongful act or emission of AF Mil or Civ personnel while acting within the scope of their employment.
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609> What is the basic requirement for a claim to be payable under the FTCA?
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To be payable under the FTCA, a claim must be for property damage, personal injury, or death caused by the negligent or wrongful acts or omissions of its employees while acting within the scope of their office or employment, to the extent the US has waived sovereign immunity.
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609> In determining liability, what is the controlling law for claims under the FTCA if local & federal laws conflict?
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It is governed by Federal law...
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609> What items are considered in determining whether an employee is acting within the scope of their employment?
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The acts of employees must be authorized by their employer, be within the scope of their employment parameters, & be in furtherance of some interest of their employer.
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609> What is the statue of limitations for FTCA claims?
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Two years after it accrues.
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609> When is a suit permitted under the FTCA?
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Only after an administrative claim has been denied or if the agency has not acted upon the claim within the six month window, the claimant may choose to file suit.
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609> A claimant's attorney fees will not exceed what amount if the claim is settled administratively.
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20%
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610> Under the MCA, what two principles govern US liability?
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1. Based on negligence or wrongful acts/admissions
2. Non-combat activities |
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610> What types of claims may be presented or paid under the MCA?
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Property damage, personal injury or death arising from the negligent/wrongful acts by military members or civilian employees acting within the scope of employment & losses sustained as a result of non-combat activities of military services.
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610> List 7 examples of non-combat activities.
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-Maneuvers & special field exercises
-Practice firing of guns & missiles -Practice bombing -Operation of military spacecraft or aircraft -EOD operations -Use of military balloons -Movement of combat vehicles or other equipment designed for military use. |
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610> What amount of negligence must be proven by a claimant for the AF to pay a non-combat activity claim?
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None.
The claimant only has to show casual connection between authorized non-combat activity and the injury or damage. |
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610> What is the statue of limitations of claims presented under the MCA?
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A claim must be filed in writing to the appropriate federal agency within 2 years of accrual unless the US is at war or in an armed conflict when the claim accrues and good cause is shown.
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610> In a foreign country, how is liability generally determined on an MCA claim?
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Settlement authorities use the general principle of American torte law as made clear by case law and standard legal publications to evaluate the liability of the United States.
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611> What agency establishes the geographic division of claims jurisdiction for claims against the AF?
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JACC
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611> For CONUS legal offices, what is the maximum settlement authority for base SJAs?
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$5,000
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611> If your SJA's settlement authority is $5k, and if you have a claim from an insurance company for $2,000 & one from an insured member for $4,000 from the same incident, does the SJA have the authority to settle or deny the claim?
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No
A principle claim and any subrogation claims are treated as a single claim and both claims would exceed the SJAs authority of $5k. |
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611> Where do you send a payment voucher for an FTCA claim settled for $3,000?
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The judgement fund, US Treasury
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611> What information should a legal memorandum contain?
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-Basic info on claim
-Layout relevant facts -Discuss the applicable law -Provide recommended disposition for settlement authority |
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611> What is one of the first things you should do if a claim will be adjudicated by your base office?
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Send the claimant a receipt of acknowledgement letter.
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611> When sending a voucher to the AFCSC for payment, what documents must be scanned and emailed to the AFCSC voucher box?
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Completed SF 1034 & Settlement Agreement
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611> By what method is a final denial letter sent to the claimant or authorized agent?
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USPS by certified or registered mail, return receipt requested
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611> When a claim has been denied, how many times may a claimant ask for reconsideration?
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1
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611> For claims over $5k, forwarded to JACC, what is the POC's primary role?
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To assist the JACC staff atty/paralegal in investigating the claim.
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611> Name two types of documents that can never be released to anyone outside the US government?
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Legal memoranda, opinions, conclusions, and recommendations
Atty/Paralegal summary of witness interviews Expert written reports & evaluations without approval of JACC Medical... |
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611> What circumstances may warrant providing a claimant with an advance payment?
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Necessities and immediate need for shelter, food, medical, or burial expenses.
A commercial enterprise may be entitled to an advanced payment if needed to prevent severe loss/bankruptcy. |
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612> In the absence of actions being taken to toll the statue of limitations, how long does the government have to collect a claim under AFI 51-502 Chapter 4?
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3 years from the date the cause of action accrues
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612> What actions may be taken to toll the statute of limitations under AFI 51-502, Chapter 4?
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Suit must be filed in a federal district court prior to the three years passing
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612> Under what conditions should claims less than $100 be asserted?
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If it appears that collection costs will be small
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612> What actions should be taken if a contracting officer refuses to assert a claim on the grounds that it is not a contract claim?
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Record the contracting officers intention not to assert a claim in a memorandum for record and maintain it in a claim file.
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612> If damage was caused by an AF member or civ employee and a report of survey is mandatory, can a claim still be asserted?
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A ROS would indicate liability.
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612> What agency should you advise of all incidents involving damage to or loss of gov't property that may result in liability of a third party in excess of $10k.
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JACC
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612> What does the notice of claim provide to the tortfeasor?
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Sufficient notification of the facts and circumstances surrounding the incident.
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612> List three ways a claim can be resolved.
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Monetary offers
Repairs in Kind Termination |
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612> If payment is not received within 18 months of the incident date or there is an indication of fraud or misrepresentation of the tortfeasor, what is the SJA's next step.
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Refer the file to the US Attorney or the DoJ
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612> What is the basis for determining whether the amount is within the settlement authority of a particular SJA?
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The amount asserted against the debtor.
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613> When is a military member required to reimburse a claimant under the provisions of AFI 51- 502, Chapter 6
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For the property AF military personnel willfully damage or wrongfully took if the claim results from riotous, violent, or disorderly conduct.
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613> List four types of claims not payable under Chapter 6?
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-Resulting from simple negligence
-For personal injury or death -Resulting from acts or omissions of military personnel while performing legal authorized duties -Arising from private indebtedness -For reimbursement of bad checks |
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613> What must happen if a CC receives a complaint but does not have SPCM authority?
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CC sends the complaint and the documentary evidence relative to it to the next superior authority in the chain of command having SPCM authority.
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613> Who does the board of officers submit their report to for Article 139, UCMJ claims?
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To the appointing commander through the SJA.
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613> May decisions made by the appointing commander be appealed by the claimant or the offender?
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No.
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613> What is the only legal means by which a service member can be made to make administrative restitution for tangible property damage, loss or destruction suffered by another person?
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An Article 139, UCMJ, claim
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614> Name at least three non-appropriated fund activities that would have claims against them processed in accordance with AFI 51-501, Chapter 5?
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AAFES,
Officers, NCO, Airman's clubs Golf facilities Swimming pools |
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614> Name three activities that contribute to Morale, Welfare, and Recreation, yet are not NAFI?
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Commissary
AF Aid Society American Red Cross |
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614> List three types of claims not payable with non-appropriated funds
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Claims arising out of operation of a NAFI activity caused by military personnel or appropriated fund site
Employees performing assigned AF duties eventhough they benefit a NAFI Activity Claims of NAFI employees for personal injury or death arises from work performances Claims arising out of NAFI activities of private organizations involving contract disputes, dishonored checks, debt to NAFI or third party worker comp claims. |
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615> In what manner is customer complaints involving NAF sales and services handled?
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By the manager of the activity or exchange office, unless the complaints cannot be resolved or involve consequential damages in which case the legal office handles them.
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615>Where wold an AAFES employee's personnel claim for transit damage or loss in the amount of $2k be forwarded to for payment?
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HQ AAFES Attn: GC-Z/CC
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616> What is the statute of limitations for submitting a use of government property claim?
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Two years from the date it accrues.
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616> What claims are payable under Chapter 5, AFI 51-501, Tort Claims?
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Claims payable under the UGPCA are:
1. Claim for property damage, personal injury or death. Payment for personal injury or death claims is limited to costs of reasonable medical, hospital, & burial expenses actually incurred & not otherwise furnished/paid by US. 2. The damage, injury, or death was caused by a mil member or AF Civ whether acting w/in or outside scope of employment. 3. Damage, injury or death was a result of the use of a gov't vehicle at any place or from the use of other government property on a government installation. 4. The claim is not payable under any other provision of the law except Article 139, UCMJ. |
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616> Who may approve a UPGCA Claim?
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The Chief & Branch Chiefs
AFLOA/JACC SJAs of 3AF, 5AF, & ASOC for USS OCOM 9AF for US CENTCOM and SJA of each AF installation |
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616> What is the maximum amount payable on a claim under the UGPCA?
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$1k
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617> What is the remedy for a claim under the AFACA that is filed past the statute of limitations?
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There isn't any. The claimant must settle with the AF within two years from the date the cause of action arises. After this time period, there is no authority under administrative settlement of admirality claim.
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617> Upon receipt of an admirality claim, who should be notified?
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JACC
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617> What is the Navy's participation in an AF Admirality Claim Survey?
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Limited to:
Arranging the attendance of a contract marine surveyor and confirming the arrangement of JACC |
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617> What is the maximum amount payable by the SECAF on an Admirality Claim without Certification to Congress?
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$500k
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617> What is the maximum amount payable by TJAG on an Admirality Claim?
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$100k
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618> What is the maximum payable on an ANG claim without referral to treasury for payment
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$100k
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618> How is the statutory time period for filing computed?
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Exclude the date of the incident
Include the date the claim was filed. |
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618> Before payment, what must the claimant do?
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Sign a settlement agreement
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618> What action may be taken by a claimant who is dissatisfied with the denial of their claim under the National Guard Claims Act?
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The claimant can appeal within a reasonable time, normally within 60 days after denial.
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619> When are the CAP and its members deemed to be an instrumentality of the United States?
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When CAP members are performing AF Assigned missions, they are deemed to be an instrumentality of the US for civil liability purposes.
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619> What CAP claims are payable under AFI 51-501, Chapter 5?
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Claims for personal injury, death, property damage that arises from negligent or wrongful acts or omissions of the CAP and its members during activities related to AF-Assigned missions.
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619> How are claims for damage to or loss of govt property on loan to CAP processed?
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Under report of survey procedures.
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620> Before commanders and JAs legally obligate the US by local military agreements, what action must be taken?
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They must have approval by the JACC.
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620> Explain the terms "receiving state" & "sending state."
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NATO SOFA
RECEIVING STATE - Receives visiting forces SENDING STATE - State sending forces |
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620> What agency has single service claims responsibility for all SOFA claims arising in the US?
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The Army
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620> What should you do if approached by an individual who is an inhabitant of a foreign country and this person wants information about filing a claim?
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Direct that person to the appropriate receiving state.
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620> What should you do if you actually receipt for a claim in your office from a member who is an inhabitant of a foreign country?
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Send it to the US Sending State office with responsibility for that country which will then forward it to the appropriate receiving state.
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620> What types of incidents are excluded from payment by the international agreement claims act?
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Claims caused by US enemy actions or actions of US forces in combat and tortes committed by a contracted personnel.
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621> What is the Foreign Claims Act designed to do?
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Promote friendly relations by paying claims for death, personal injury, or property damage caused by military or civilian employees of the armed forces arising out of non-combat activities of such forces.
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621> When may a claim be filed orally under the Foreign Claims Act?
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If based on local custom
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621> What is the purpose of the Foreign Claims Commission?
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Promptly settle meritorious claims in foreign countries where US Armed Forces personnel are assigned.
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621> In what currency does the Foreign Claims Commission pay the claimant?
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Local Currency where the incident occurred.
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621> In order to obtain payment from the judgement fund, what action must the Foreign Claims Commission take?
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The FCC must return a copy of the paid voucher of the initial $100k payment to the JACC.
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622> What agency investigates, adjudicates, & settles all medical malpractice claims arising within the US?
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AFLOA/JACC
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622> What services do medical law consultants provide?
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MEdical legal services to the MTF/CC and staffs of the facility to which they are assigned and to the MTF/CC within their regions either directly or through reachback by base SJA.
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622> Who prepares the Seven-Point Memorandum
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Base Legal Office Personnel
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623> When a claimant is represented by an attorney, what must be designated on the voucher for payment?
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The voucher for payment designates both the claimant and attorney as payees using the attorney's address.
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623> What forms are used to pay a FTCA claim filed for $26k and approved in full?
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FMS Forms 195, 196, & 197A
and SF Form 95 |
