sarily binding on the adjudicating authority, and the claimant may submit written estimates or other supporting evidence in any case.

(c) Specific classes of claims. Claims of the following types should be accompanied by the specific and detailed evidence as listed in this paragraph.

(1) For property losses in quarters or other authorized places, a statement indicating:

(i) Geographical location;

(ii) Whether quarters were assigned or provided in kind by the Government;

(iii) Whether quarters were regularly occupied by the claimant;

(iv) Name of authority, if any, who designated the place of storage of the property, if other than quarters;

(v) Measures taken to protect the property; and

(vi) If claimant is a civilian employee, a statement from the competent authority establishing that when the claim arose the claimant was a civilian employee of the Navy, and was, or was not, a local inhabitant.

(2) For theft, a statement indicating: (i) Geographical area of the loss;

(ii) Facts and circumstances surrounding the loss, including evidences of larceny, burglary, or housebreaking (e.g., evidence of breaking and entering, capture of the thief, recovery of part of the stolen goods); and

(iii) Evidence that the claimant exercised due care in protecting this property prior to the loss. Attention will be given to the degree of care normally exercised in the locale of the loss due to any unusual risks involved.

(3) For transportation losses:

(i) Copy of orders authorizing the travel, transportation or shipment, or in lieu thereof a certificate explaining the absence of orders, and stating their substance;

(ii) All bills of lading, and inventories of property shipped;

(iii) Copy of demand on carrier, contractor, and/or insurer, and any reply or replies (see §§ 751.9 and 751.11);

(iv) In case of missing baggage, a statement indicating action taken to locate the missing property, with related correspondence; and

(v) Where property was turned over to a Quartermaster, transportation officer, supply officer, or contract packer, a statement indicating:

Name (or designation) and address of

Quartermaster, transportation officer, supply officer, or contract packer,

Date property was turned over,

Condition when property was turned over, When and where property was packed, and by whom,

Date of shipment and reshipment, Copies of all manifests, bills of lading and contracts,

Date and place of delivery to claimant,
Date property was unpacked,

Statements of disinterested witnesses as to condition of property when received and delivered, or as to handling or storage,

Whether the negligence of any Government employee acting within the scope of his employment caused the damage or loss, and

Whether the last common carrier or local civilian carrier was given a clear receipt.

(4) For marine or aircraft disaster, a copy of orders or other evidence to establish a claimant's right to be on board and/or to have his property on board.

(5) For enemy action, public disaster, or public service:

(i) Copy of orders or other evidence establishing claimant's required presence in the area involved; and

(ii) A detailed statement of facts and circumstances showing applicable causes enumerated in § 751.3 (d) and (e).

(6) For property used for benefit of Government:

(i) A statement from proper authority that the claim was for property which was required to be supplied by the claimant in the performance of his official duty or occupation at the request or direction of superior authority, or by reason of military necessity; and

(ii) Evidence that, if the property being used for the benefit of the Government was lost while not in use, the loss occurred in an authorized storage area.

(7) For money deposited for safekeeping, transmittal, or other authorized disposition:

(i) Name, grade, service number, and address of the person or persons who received the money and of other persons involved;

(ii) The name, and designation of the authority who authorized such person or persons to accept personal funds, and the disposition requested (see article 1922, U.S. Navy Regulations, 1948); and

(iii) Receipts and written sworn statements explaining the failure to account for the funds or to return such funds to the claimant.

§ 751.18 Filing of claim.

All claims coming within the cognizance of this chapter should, if prac

ticable, be submitted by the claimant or his authorized agent to the commanding officer of the Navy or Marine Corps activity nearest to the point where investigation of the facts and circumstances can most conveniently be made. As an alternative, the claim may be submitted to the commanding officer of the unit or activity to which the claimant belongs or is attached. Acceptance of a claim for filing will not be refused even though the claim appears not to be within the scope of this part.

(a) Claims of Air Force personnel and civilian employees of the Air Force will be processed and forwarded directly to the nearest Air Force installation.

(b) Claims of Army personnel and civilian employees of the Army will be processed and forwarded directly to the nearest Army installation.

§ 751.19 Appointment of claims investigating officers.

Each commanding officer shall, as appropriate, appoint one or more claims investigating officers to investigate, process, and make recommendations on all claims presented to him under this part. Commanding officers of major or separate commands and commanding officers processing an appreciable number of claims may appoint one or more claims investigating officers on a continuing basis. This is particularly pertinent to activities receiving many shipments of household effects. Claims investigating officers will receive their technical guidance from the Judge Advocate General. § 751.20 Investigation of claims.

Upon receipt of a claim filed in accordance with the provisions of this part, the commanding officer shall refer the claim, with all available information relating thereto, to the claims investigating officer. The investigating officer shall consider all information and evidence submitted with the claim and shall conduct such further investigation as may be necessary and appropriate. Direct correspondence between investigating officers and commands or other naval personnel is authorized for the purpose of tracing the location or disposition of missing baggage or effects.

§ 751.21 Action of claims investigating officer in transportation losses.

(a) Filing of concurrent claims against carriers, contractors, and insurers. Upon submission of a claim against the Gov

ernment, the claims investigating officer will prepare and submit the claim to the appropriate carrier, contractor, and/or insurer for damage, loss, or destruction of household and personal effects being shipped pursuant to authorized travel orders.

(b) Concurrent claims against carriers, contractors, and insurers. The claimant should provide the claims investigating officer with all documents, papers, and other evidence needed to press the claim against the carrier, contractor, and/or insurer. In return, the claims investigating officer shall advise the claimant that the claim will be monitored to final settlement. The claimant shall also be advised that in the event of favorable action by the carrier, contractor, or insurer, he will be so advised and that all necessary adjustments will be made to the concurrent claim filed with the Government. The claimant will notify the claims investigating officer promptly of any communication received from the carrier, contractor, or insurer, particularly if it involves settlement, partial settlement, or denial of liability. Any subsequent correspondence with the carrier, contractor, and/or insurer shall be identified properly with the company's claim or reference symbols.

(c) Approval or denial of concurrent claim by carrier, contractor, or insurer. (1) The claims investigating officer shall report any denial of a claim by a carrier, contractor, or insurer to the claimant and to the command where the claim has been forwarded for adjudication.

(2) Upon receipt of approval of the claim by a carrier, contractor, or insurer, the following action shall be taken:

(i) If the claim filed with the Government has been forwarded to the adjudicating authority and the recovery received from the carrier, contractor, or insurer is considered to be sufficient, then the claims investigating officer should advise the claimant to accept the award. Upon acceptance of the award, the claims investigating officer shall notify the adjudicating authority (a suggested speedletter format is shown in § 751.33).

(ii) If the claimant has already received full payment from the Government, he will pay the proceeds received from the carrier, contractor, and/or insurer to the United States by endorsing the check to the Department of the Navy and delivering it to the command or to the claims investigating officer. If the amount to be refunded, as determined

according to § 751.13, is less than the amount received, remittance may be made by personal check or money order payable to the Department of the Navy.

(d) Nonconcurrent claims. If an independent claim has been filed against a carrier, contractor, or insurer, the claimant will be asked, at the time the claim is filed with the Government, to certify whether or not he has obtained any recovery from a carrier, contractor, and/ or insurer. A sample certificate is contained in § 751.34. If any recovery has been obtained from the carrier, contractor, and/or insurer, appropriate comment indicating the amount recovered shall be made by the claims investigating officer on the claim being forwarded to the adjudicating authority. If action by the carrier, contractor, or insurer is still pending, the claimant will advise the carrier, contractor, or insurer to address all correspondence to him, in care of the claims investigating officer of the command, unit or activity at which the claim was filed, "Attention Claims Investigating Officer." Thereafter the matter will be treated as if it had commenced as a concurrent claim. The claimant shall be advised to notify the claims investigating officer promptly as to any offer of settlement or denial of liability by the carrier, contractor, and/or insurer. Forwarding of the claim to the appropriate adjudicating authority will not be delayed pending action of a carrier, contractor, or insurer unless it is apparent that final action by the carrier, contractor, and/or insurer will be immediately forthcoming.

(e) Failure of carrier, contractor, and/or insurer to respond. Normally an acknowledgement, or perhaps even final action, will be received from the carrier, contractor, and/or insurer within a month after the claim is submitted to them. In the event a response is not received to the claim or to subsequent correspondence, the matter should be reported to the origin transportation officer as a matter bearing upon the adequacy of contractual performance. The origin transportation officer will render assistance in obtaining action from the company and report the actions taken to the claims investigating officer who will monitor the claim against the carrier, contractor, or insurer until a reply has been received from the origin transportation officer.

(f) Unjustified denials by the carrier, contractor, or insurer. If a carrier, con

tractor, or insurer has refused to respond to a claim within a reasonable time (normally 30 days), or if in the opinion of the claims investigating officer a valid claim has been denied, no adequate settlement offered, or there has been a delay in settlement of a claim, the matter shall be reported to the origin transportation officer. The letter report shall contain a statement of the facts, copies of pertinent correspondence and documents, and the claims officer's opinion as to liability. The origin transportation officer shall review the file with respect to liability of the carrier, contractor, or insurer. If he concurs in the opinion of the claims investigating officer, he shall proceed to seek a satisfactory settlement and to take such other actions against the carrier, contractor, or insurer as may be considered appropriate. He shall keep the claims investigating officer informed as to the status of the case. If at any time he considers that the claimed liability has been satisfied, he shall so inform the claims investigating officer. Failing to respond to correspondence concerning a claim, denying a valid claim, refusing to make an adequate settlement, or delaying the settlement of a claim should be considered by the origin transportation officer as a matter bearing upon the adequacy of contractual performance.

(g) Unrecovered claims against carrier, contractor, or insurer. If the origin transportation officer is unable to make a satisfactory settlement within a reasonable time, he shall return the entire file to the claims investigating officer. The claims investigating officer shall forward the file to the appropriate adjudicating authority. The origin transportation officer and the claims investigating officer shall make recommendations as to the disposition of the claim.

(h) Action by adjudicating officer. The command adjudicating the claim shall review the entire file and shall make a further demand on the carrier, contractor, or insurer when liability seems clear. If recovery is not effected, the file will be forwarded to the Judge Advocate General with appropriate recommendations. The Judge Advocate General will take whatever action is necessary to recover from the carrier, contractor, or insurer when liability is clear.

§ 751.22 Preparation of claims investigating officer's report.

(a) General. The claims investigating officer will prepare a written report of

investigation including his recommendations (see NAVJAG Form 5890/1B in § 751.35). Sufficient copies will be prepared so that the original and two copies may be forwarded to the appropriate adjudicating authority and one copy retained at the command. Only one set of supporting papers, documents, and exhibits need be forwarded to the adjudicating authority.

(b) Claims arising from the same incident. A separate report shall be prepared on each claim filed. However, where separate claims arise from the same incident, the claims investigating officer may avoid duplication of effort by completing one detailed report of investigation with all necessary exhibits and documents. He may then incorporate this report and its supporting exhibits by reference. A brief reference to the case (name, case number, date, etc.) in which the detailed report and exhibits may be found shall be included.

§ 751.23

Action by commanding officer.

Items of military clothing and related articles which have been lost or destroyed incident to service may be replaced in kind. The items issued need not be new and unused, provided they are in at least as good condition as the lost or destroyed items immediately prior to the accident or incident causing the loss or damage. If items which were initially issued to the claimant by the Government have been lost or damaged incident to service and replacement in kind cannot be effected, because items are not available for issue, monetary compensation is payable for those items replaced or to be replaced by the claimant at his own expense. The amount allowable normally will be the reasonable cost of replacement with no deduction for depreciation (in order that the claimant will not be required to bear an expense which he would not have incurred if the items had been available for replacement in kind). If military items were initially acquired by the claimant at his own expense, and replacement in kind cannot be effected or the claimant is unwilling to accept replacement in kind because the lost or destroyed items were of a better quality than those available for issue, monetary compensation may be allowed for the loss or destruction of the items involved.

(a) Examination and approval of report. The commanding officer, the chief of staff, chief staff officer, or executive officer, or judge advocate shall review the

file and determine whether the findings of the investigating officer are complete, whether the facts and evidence are clearly stated, and whether the recommendation of the investigating officer is supported by adequate evidence. In proper cases he may refer such report back to the investigating officer for further investigation and the inclusion of additional data. The commanding officer, chief of staff, chief staff officer, executive officer, or judge advocate shall then by first endorsement to the investigating officer's report, indicate his title and approve the report without qualification or with stated exceptions. In no event will any opinion be expressed to the claimant as to whether his claim will be approved. The endorsement shall express an opinion as to whether the possession of the property by the claimant was reasonable, useful, or proper under the attendant circumstances.

concerning

(b) Statement replacement in kind. There shall be included in the first endorsement on the investigating officer's report, and attached to each copy of such report, either a statement that no replacement in kind was made or a list of the items replaced, together with the price of each. This statement may be omitted when replacement in kind is made for all items claimed.

(c) Forwarding of claim. When there has been replacement in kind for all items claimed, the report need not be forwarded beyond the officer authorizing such replacement. In all other cases the investigating officer's report in triplicate, including the original and two copies of the claim plus one copy of each supporting document or paper, shall be forwarded by endorsement to the cognizant adjudicating authority. A list of commands authorized to adjudicate these claims is contained in § 751.36.

§ 751.24 Adjudicating authority.

(a) Claims for Navy personnel. The Judge Advocate General; the Deputy Judge Advocate General; any Assistant Judge Advocate General; the Deputy Assistant Judge Advocate General (Litigation and Claims); the Director, Litigation and Claims Division; and the Head, Operational Claims and Litigation Branch, Litigation and Claims Division, and such other officers as may be specifically designated by the Secretary of the Navy are hereby designated and authorized to consider, adjust, and determine claims of Navy personnel both

military and civilian up to $10,000. Commandants of naval districts and their staff judge advocates and certain area or subarea coordinators and their staff judge advocates have authority to adjudicate and to authorize payment of personnel claims up to $2,500. In addition to the above, a judge advocate attached to or assigned to duty at any naval supply center, naval supply depot, or command designated by the Judge Advocate General has the authority to adjudicate and authorize payment of personnel claims up to $500 filed under this part. A list of the adjudicating authorities is contained in § 751.36.

(b) Claims for Marine Corps personnel. The Commandant of the Marine Corps; the Director of Personnel of the Marine Corps; the Deputy Director of Personnel of the Marine Corps; the Head, Personal Affairs Branch, Personnel Department, Headquarters, U.S. Marine Corps; and such other officers as may be specifically designated by the Secretary of the Navy are hereby designated and authorized to consider, ascertain, adjust and determine claims of Marine Corps personnel, both military and civilian, filed under this part.

(c) Replacement in kind. Officers in the grade of lieutenant commander, major, or higher who are commanding officers, or who are in higher echelons of command, including the officers specified in paragraph (a) of this section, or who are Senior Officers Present, are hereby designated and authorized to consider, ascertain, adjust, and determine the respective claims of Navy or Marine Corps enlisted personnel for replacement in kind filed under this part. Marine Corps officers below the grade of major, where such officers are in command of separate companies, batteries, squadrons, detachments, ports, or stations, are hereby designated and authorized to consider, ascertain, adjust, and determine claims of enlisted personnel for replacement in kind filed under this part. Replacement in kind authority may also be exercised by such other officers as may be specifically designated by the Secretary of the Navy.

(d) Payments and collections. Payment of approved personnel claims and deposit of checks received from carriers, contractors, insurers, or members will be made by the Navy or Marine Corps disbursing officer serving the adjudicating authority. Payments will be charged to funds made available to the adjudi

cating authority for this purpose. Credit for collections will be to the accounting data specified in instructions issued by the Judge Advocate General.

(e) Reports. Commands adjudicating personnel claims shall forward quarterly reports to the Judge Advocate General on January 1, April 1, July 1, and October 1 setting forth the following information:

(1) With respect to new claims received during the preceding quarterthe number of such claims and the dollar total of all such claims;

(2) With respect to adjudications during the preceding quarter-the number of claims allowed in whole and in part, the dollar total of the claims allowed and the number of claims forwarded the higher authority for adjudication;

(3) With respect to affirmative claims against carriers, contractors, and insurers during the preceding quarterthe number and dollar total of all claims asserted and the number and dollar total of all recoveries actually received;

(4) With respect to requests for reconsideration during the preceding quarter-the number received, the number and dollar total of those allowed, and the number of requests forwarded to the Judge Advocate General.

(5) Any other significant information relating to the above (e.g. names of carriers, contractors, or insurers failing to respond to recovery requests, number of claims held over 60 days, number of affirmative claims against carriers, contractors, and insurers forwarded to higher adjudicating authority).

Report Symbol JAG-5890-5 is assigned for this reporting requirement. A suggested format is contained in § 751.37. § 751.25 Limitation on agent or attorney fees.

(a) Controlling statute. The Military Personnel and Civilian Employees' Claims Act of 1964, as amended, the statutory authority underlying this chapter, provides in section 8 that:

No more than 10 per centum of the amount paid in settlement of each individual claim submitted and settled under the authority of sections 240-243 of this title shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of sections 240-243 of this title shall be deemed guilty of a misdemeanor