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Agreement and certain provisions of other agreements are inconsistent with the unrestricted use of the Foreign Claims Act and its implementing regulations in certain countries. Accordingly, directives of the cognizant area commander shall be consulted and claims shall not be referred to foreign claims commissions until it has been determined that such action is consistent with the provisions of the aforementioned agreements and their implementing directives. Department of Defense Directive 5515.3 of August 18, 1965 (NOTAL) directs that, where a single service has been assigned responsibility for claims in a country or area, all claims arising under the Foreign Claims Act (10 U.S.C. 2734) and the Military Claims Act (10 U.S.C. 2733) shall normally be settled and paid by claims commissions or other claims settlement authorities appointed by the Secretary of that military department, or his designee, in accordance with the department's regulations. In countries in which the NATO Status of Forces Agreement or other similar agreement is in force, incidents which may give rise to tort claims against the United States arising from acts or omissions of naval personnel, or members of the civilian component of the naval service, including claims for death or personal injury, resulting from the navigation or operation of a ship, or from the loading, carriage, or discharge of its cargo, shall be investigated and reports shall be made in accordance with instructions promulgated by the cognizant naval commanders.

(b) Single-service responsibility and cross-servicing. Single-service responsibility for processing claims under this chapter shall be accomplished as provided in § 750.68. Where cross-servicing of claims has been accomplished, the forwarding command shall afford any assistance necessary to the appropriate service in the investigation and adjudication of such claims.

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----), the sufficiency whereof is hereby acknowledged, an inhabitant of discharges the

-

United States of America, its departments, instrumentalities, agencies, officers, agents and employees, and

from any and all claims, demands, damages, actions, causes of action, or suits of any nature or kind whatsoever which the said has or may in the future have against the said United States of America and/or arising from an accident which occurred on the day of 19____ in and involved a States of

vehicle owned by the United America and operated by

In witness whereof, the claimant, has signed these presents 19--.

this

Witness:

day of

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§ 754.1

Settlement of Navy affirmative salvage claims.

(a) Authority. Under 10 U.S.C. 7365, the Secretary of the Navy, or his designee, may consider, ascertain, adjust, determine, compromise, or settle and receive payment of any claim by the United States for salvage services rendered by the Department of the Navy to any vessel.

(b) Delegation of authority. Each of the following has been designated by the Secretary of the Navy to exercise the authority contained in section 7365:

(1) The Commander, Naval Ship Systems Command, Department of the Navy.

(2) The Supervisor of Salvage, Naval Ship Systems Command, Department of the Navy.

(3) The Assistant Supervisor of Salvage, Naval Ships Systems Command, Department of the Navy, 17 Battery Place, New York, N.Y. 10004.

[31 F.R. 16619, Dec. 29, 1966, as amended at 35 F.R. 5946, Apr. 10, 1970]

§ 754.2 Per diem rates for salvage services.

(a) Effective 1 January 1970, and subject to the rules set forth in paragraphs (b) through (f) of this section, the following vessel and deep-dive-system rates per day of 24 hours or part thereof have been estabilshed for salvage services rendered by the Department of the Navy to any vessel:

(1) Fleet-type ships.

Large Salvage Tugs (ATS) (6,00010,000 hp.) –

$5,700

Salvage Ships or Fleet Tugs (ARS, AFT) (3,000 hp.)

4, 700

Ocean Tugs (ATA, ANL, YTB) (1,000

2,200 hp.).

3,000

Medium Harbor Tugs (YTM) (600

900 hp.)-

1,700

Small Harbor Tugs (YTL) (under 600 hp.)----

1,400

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graph for fleet-type ships include charges for their normal crews. The rates in subparagraph (2) of this paragraph for harbor-clearance craft include only maintenance-engineering personnel. Additional personnel such as Salvage Masters, Lift Masters, Harbor Clearance Team members, and extra diving crews will be charged for at rates established in the Navy Comptroller Manual and based on normal military pay scales. Per diem and travel expenses will be charged at cost.

(b) The per diem rates set forth in paragraph (a) of this section apply worldwide and are charged to pay the United States for the use of its Navy ship, operating crew, and towing hawser. If, as in the case of a stranding, special salvage equipment such as beach gear, pumps, compressors, and the like is required, then a per diem charge is also made for the use of that equipment. In addition, repair materials consumed and equipment lost or destroyed are billed at replacement cost.

(c) When used as the basis for billing, the per diem charges set forth in paragraphs (a) and (b) of this section are normally made for the total elapsed time spent by the Navy ship performing the service from the moment she leaves her berth, or is diverted from her previous course, to the time she returns to her berth or resumes her prior voyage at the approximate point of diversion. The charges are independent of the values involved; and the user will be billed in the full amount, regardless of whether the vessel is salved or lost; that is, irrespective of the ultimate success or failure of the salvage operation.

(d) An exception to the method of calculating per diem charges set forth in paragraphs (a) through (c) of this section is made if the distressed commercial vessel carries a substantial amount of Government-owned uninsured cargo and if her distress occurs in areas (such as the mid-Pacific) where the Navy alone maintains facilities capable of conducting major salvage operations. Under these conditions, if Navy assistance is promptly requested, then no charge is made unless the Navy ship actually reaches and helps the stricken vessel either before she is saved or before she and her cargo are lost.

(e) The extent of the salvage services rendered by naval activities in any given case will, of necessity, be governed by the magnitude of the salvage effort

required and the problems encountered. Accordingly, the nature and amount of salvage equipment and other naval equipment, supplies, and materials will vary in each case. In addition, the number of naval personnel, both military and civilian (Civil Service), and their required specialized skills will also vary in each case. For these reasons it is not feasible to detail in this regulation the rates, costs, or charges for each item of naval equipment, material, supplies or personnel, both military and civilian (Civil Service), that may be utilized in any given salvage operation. It is the policy of the Supervisor of Salvage to utilize the Navy Comptroller Manual (NAVEXOS P-1000) as the basis for determining the costs and charges for naval equipment, supplies, materials, and personnel, both military and civilian (Civil Service), for which there are no published rates established by this regulation or previously determined by the Supervisor of Salvage. The Navy Comptroller Manual also provides a basis for computing statistical charges where salvage services are rendered on "in-house" Navy salvage operations, and to Military Sea Transportation Service, Maritime Administration, and other nonNavy public vessels and aircraft. However, in determining the costs and charges for equipment, supplies, materials, and personnel the Supervisor of Salvage refers to the Navy Comptroller Manual for guidance only; he is not required to adhere to the rates set forth therein.

(f) Submission of Navy salvage claims on a per diem basis is solely a matter of administrative convenience and policy. That policy is not a waiver or surrender of the U.S. legal right to claim on a salvage-bonus basis in any individual case. If per diem billing is rendered, then it is submitted on the express condition that it be promptly paid in full; and until receipt by the Department of the Navy of such payment, all salvage rights are reserved, including the right to withdraw the per diem billing without notice and present claim on a salvage-bonus basis. [31 F.R. 16619, Dec. 29, 1966, as amended at 33 F.R. 11397, Aug. 10, 1968; 35 F.R. 5946, Apr. 10, 1970]

§ 754.3 Per diem for salvage equipment rental.

(a) Authority. Under 10 U.S.C. 7362, the Secretary of the Navy may acquire or transfer, by charter or otherwise, for operation by private salvage companies,

such vessels and equipment as he considers necessary.

(b) Delegation of Authority. Each of the following has been designated by the Secretary of the Navy to exercise the authority contained in section 7362:

(1) The Commander, Naval Ship Systems Command, Department of the Navy. (2) The Supervisor of Salvage, Naval Ship Systems Command, Department of the Navy.

(c) Policy and effective date. The aforementioned statutory authority of the Secretary of the Navy does not obligate the United States or the Department of the Navy either to maintain salvage ships and equipment in excess of its own needs, to transfer, by charter or otherwise, such vessels and equipment to private salvage companies, or to render salvage assistance on all occasions. However, it is the policy of the Secretary of the Navy to render required assistance in the salvage of private vessels where adequate private salvage facilities are not readily available and to assist private salvage companies in any given salvage operation conducted by them by transferring, by charter or otherwise, such salvage vessels or equipment as the Secretary considers necessary in the interests of the United States. However, such transfer normally will not be effected where adequate private salvage vessels and equipment are reasonably available.

(d) Procedures. Pursuant to the authority contained in section 7362 of title 10, United States Code, and the policy outlined in this part above, the following rules pertain to the transfer by charter, contract, lease, rental, or loan of such salvage vessels and equipment as the Secretary of the Navy, or his designees, consider necessary to assist public and private vessels:

(1) Normally the per diem rates set forth in paragraph (a) of § 754.2 will be utilized as the basis for charging public and private users for the salvage vessels and equipment enumerated therein when chartered, contracted, leased, rented, or loaned.

(2) Rates for types of salvage vessels and equipment not listed in paragraph (a) of § 754.2 will be established on a case-by-case basis, with consideration being given to the special features of such ships and equipment as are required for the particular operation for which requested.

(e) Insurance. When salvage ships

and salvage equipment of any nature are chartered, contracted, leased, rented, or loaned to private users under this section, they shall obtain insurance to cover the interest of the Government in such forms, amounts, and periods of time as may be required by the Secretary of the Navy or his designees.

(f) Rates. The rates charged for the rental of the salvage vessels set forth in paragraph (a) of § 754.2 do not cover any special equipment thereon, which shall be charged for at separate rates.

(g) Conditions. The charter, contract, lease, rental, or loan of salvage vessels and salvage equipment is subject to the conditions that they shall be utilized only in accordance with their designated operational organic capability, as set forth in applicable regulations and instructions, and for a specific commercial salvage operation under the terms of the charter, contract, lease, rental, or loan agreement. Breach of any of these conditions shall entitle the U.S. Navy unilaterally to cancel the agreement and require immediate return of the vessels and equipment covered thereby. [35 F.R. 5947, Apr. 10, 1970]

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755.8

755.9 755.10

Complaint by injured party.
Investigation.

Action to be taken by commanding officer and higher authority where offenders are members of command.

one

Action to be taken by commanding
officer and higher authority where
offenders are members of different
commands.
Reconsideration.

Effect of court-martial proceedings. AUTHORITY: The provisions of this Part 755 issued under secs. 831, 939, 5031, 70A Stat. 48, 78, 278, as amended, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 831, 939, 5031, E.O. 11476; 3 CFR, 1969 Comp., p. 132. SOURCE: The provisions of this Part 755 appear at 35 F.R. 13109, Aug. 18, 1970, unless otherwise noted.

NOTE: This Part 755 is Chapter X of the Manual of the Judge Advocate General of the Navy.

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Claims for damage, loss, or destruction of property caused by a person or persons in the naval service, subject to the limitations in this section, are within the provisions of Article 139, UCMJ only if such damage, loss, or destruction is caused by riotous conduct, acts of depredation, or acts showing such reckless and wanton disregard of the property rights of others that a willful damage or destruction is implied. Acts of the type punishable under Article 109, UCMJ are cognizable under Article 139. However, redress for damages resulting from such acts is not to be confused with disciplinary action under Article 109 or any other article of the UCMJ. See § 755.10. Charges against pay under the regulations in this part shall be made against the pay of persons shown to have been principal offenders or accessories. Membership in a certain organization or detachment and presence at the scene at the time the damages were sustained are not sufficient in themselves to make a person a principal or an accessory. There must be some evidence of active or passive participation.

§ 755.3

Claims not cognizable.

The following claims are not payable under this part.

(a) Claims payable under other regulations: Claims for damage, loss, or destruction of property which are payable by the Government under the provisions of the general, personnel, or foreign claims regulations set forth in Parts 750, 751, and 753 of this subchapter, or under admiralty claims procedure set forth in Part 752 of this subchapter. No charge will be made under these regulations against the pay of any person in the naval service to reimburse the claimant or the Government for payments warranted under other regulations or other statutes.

(b) Claims resulting from simple negligence: Claims for damage, loss, or destruction of property resulting from simple negligence, whether or not within the scope of employment.

(c) Claims of subrogees: Any portion of a loss covered by insurance, whether carried by the offender, the claimant, or a third party.

(d) Claims for personal injury or death.

(e) Acts or omissions within the scope of employment: Claims for damage, loss, or destruction of property resulting from acts or omissions, while the offender is acting within the scope of his employment.

(f) Absence of riotous or violent conduct: Claims arising from larceny, wrongful appropriation, forgery, or deceit, where the wrongful taking is accomplished under conditions of stealth, deception, trickery, or device, unaccompanied by riotous or violent conduct; or claims for damages arising from breach of contract.

Reim

(g) Government property: bursement for damage, loss, or destruction of property of the United States. § 755.4 Limitations of applications.

(a) Time limitations. In order for a claim to be cognizable under Article 139, UCMJ, a complaint out of which such claim arises must have been made to military authority within 30 days of the date of the incident.

(b) Aliens. Claims of aliens under Article 139, UCMJ, in addition to the exclusionary limitations of the regulations in this part, are subject to all laws and regulations controlling payments to aliens in effect at the time of action on the claim. If the claimant is a national of a country at war with the United States, or an ally of such foreign country, the claim will not be approved unless it be determined that the claimant is friendly to the United States.

(c) Limitation of amount of assessment. No assessment exceeding the amount of $250 will be made against the pay of any offender under the provisions of Article 139, UCMJ for any single act or incident.

(d) Acts of property owner. When the acts or cmissions of the owner, his lessee, or his agent were a proximate contributing factor to the loss or damage of the property involved, assessment will not be made against any offender in excess of

that amount for which he is found to be directly and solely responsible.

(e) Only direct damages considered. Assessment will be made only for direct physical damages. Indirect, remote, or inconsequential damage will not be considered.

§ 755.5 Complaint by injured party.

(a) Ordering investigation. Whenever a complaint is made to a commanding officer that willful damage has been done to property or that property has been wrongfully taken by members of the naval service, and the nature of the damage or wrongful taking is within the purview of Article 139, UCMJ, the commanding officer, if he has authority to convene special courts-martial and if an alleged offender is a member of his command, shall order an investigation of the matter. If the alleged offender is not a member of his command, he shall forward the complaint and all evidence which can be obtained locally to the commanding officer of the alleged offender. If the command of an alleged offender is not known, the complaint and all evidence which can be obtained locally shall be sent to the Chief of Naval Personnel or the Commandant of the Marine Corps, whichever is appropriate, for forwarding. If the commanding officer of an alleged offender does not have authority to convene special courts-martial, he shall forward the complaint to his superior with such authority, who shall, for the purposes of Article 139, UCMJ, be considered the commanding officer of the offender. If the incident complained of occurred at a place remote from the command of the alleged offender, and the commanding officer of the alleged offender so requests, the commanding officer of the naval activity located nearest the place of the incident shall order an investigation of the matter as required by Article 139, UCMJ and the regulations in this part. Upon completion of such investigation, the record thereof shall be forwarded to the commanding officer who requested the investigation for action required by § 755.7. Where more than one offender or more than one command is involved, the matter shall be handled by a single investigation, if practicable. In this connection see §§ 719.107 and 755.8 of this subchapter.

(b) Advice to claimant. The commanding officer who orders the investigation of the complaint shall fully advise

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