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involved in obtaining the Opinion of a Navy-employed expert shall be borne by the command to which the expert is attached. Medical experts shall be employed only after consultation with the Chief, Bureau of Medicine and Surgery. (j) Action by command initiating the investigation and Subsequent reviewing authorities. (1) The command initiating the investigation in accordance with $750.3 or $750.5 shall review the report of investigation. If additional investigation is required or omissions or other deficiencies are noted, the investigation should be promptly returned with an endorsement indicating that a Supplemental investigative report will be submitted. If the original or supplemental report is in order, it shall be forwarded by endorsement, with any pertinent comments and recommendations. An advance copy of the investigation shall be forwarded to the Naval Legal Service Command activity having territorial responsibility for the area where the incident giving rise to the claim occurred as indicated in $750.34(c)(2)(ii). (2) A reviewing authority may direct that additional investigation be conducted, if considered necessary. The initial investigation should not be returned for such additional investigation, but should be forwarded by an endorsement indicating that the supplemental material will be submitted. The report shall be endorsed and forwarded to the next-level authority with appropriate recommendations including an a.SSessment of the responsibility for the incident and a recommendation as to the disposition of any claim that may Subsequently be filed. If a reviewing authority may be an adjudicating authority for a claim subsequently filed, One copy of the report shall be retained by such authority for at least 2 years after the incident. (3) It is essential that each investigative report reflect that a good faith effort was made to comply with the Privacy Act of 1974 (5 U.S.C. 552a) as implemented by 32 CFR part 701, subpart F. Any indication of noncompliance shall be explained either in the preliminary statement or the forwarding endorsements and, when required, corrected. The adjudicating Naval Legal Service Command activity listed in
$750.34(c)(2)(ii) has the responsibility to ensure that remedial action is taken to rectify noncompliance indicated in the investigative report prior to forwarding the report to the Judge Advocate General.
$750.4 Claims: In general.
(a) Claims against the United States. Claims against the United States shall receive prompt and professional disposition. Every effort will be made to ensure an investigation is thoroughly and accurately completed, the claimant’s allegations evaluated promptly, and where liability is established, a check issued as quickly as possible to prevent further harm to a meritorious claimant. Similarly, claims not payble will be processed promptly and the claimant advised of the reasons for the denial.
(b) Claims in favor of the United States. Potential claims in favor of the United States will be critically evaluated and, where appropriate, promptly asserted and aggressively pursued.
(c) Assistance to Claimants. Claimants or potential claimants who inquire about their rights or the procedures to be followed in the resolution of their Claims will be referred to a claims officer. The officer will provide claim forms, advise where the forms should be filed, and inform the requester of the type of subtantiating information required. Claims officers may provide advice on the claims process but shall not provide advice or opinions about the merits or the wisdom of filing a particular claim. While claims officers have a responsiblity to provide general information about claims, they must Consider 18 U.S.C. 205 which makes it a Crime for an officer or employee of the United States to act as an agent or an attorney in the prosecution of any claim against the United States.
$750.5 Claims: Proper claimants.
(a) Damage to property cases. A claim for damage to, or destruction or loss of, property shall be presented by the owner of the property or a duly authorized agent or legal representative. “Owner” includes a bailee, lessee, or mortgagor, but does not include a mortgagee, conditional vendor, or other person having title for security purposes only. (b) Personal injury and death cases. A claim for personal injury shall be presented by the person injured or a duly authorized agent or legal representative, or, in the case of death, by the properly appointed legal representative of the deceased’s estate or Survivor where authorized by State law. (c) Subrogation. A Subrogor and a subrogee may file claims jointly or separately. When separate claims are filed and each claim individually is within local adjudicating authority limits, they may be processed locally, even if the aggregate of such claims exceeds local monetary jurisdiction, if they do not exceed the Sum for which approval of the Department Of Justice is required (currently, $100,000.00) under the Federal Tort Claims Act. Where they exceed this amount, they shall be referred to the Claims and Tort Litigation Division. (d) Limitation on transferS and aSSigmment. All transfers and assignments made of any claim upon the United States, and all powers of attorney, or— ders, or other authorities for receiving payment of any such claim, are absolutely null and void unless they are made after the allowance of such a claim, the ascertainment of the annount due, and the issuing of a warrant for the payment thereof. 31 U.S.C. 203. This Statutory provision does not apply to the assignment of a claim by operation of law, as in the case of a receiver or trustee in bankruptcy appointed for an individual, firm, or corporation, or the case of an administrator or executor of the estate of a person deceased, or an insurer subrogated to the rights of the insured.
$750.6 Claims: Presentment.
(a) Written demand and Standard Form 95. A claim shall be submitted by preSenting a written Statement with the amount of the claim expressed in a sum certain, and, as far as possible, describing the detailed facts and circumstances Surrounding the incident from which the claim arose. The Claim for Damage or Injury, Standard Form 95, shall be used whenever practical for claims under the Federal Tort and Military Claims Acts. Claims under the
Personnel Claims Act shall be submitted on DD Form 1842. The claim and all Other papers requiring the signature of the claimant shall be signed by the claimant personally or by a duly authorized agent. If signed by an agent or legal representative, the claim shall indicate the title or capacity of the perSon Signing and be accompanied by evidence of appointment. When more than One person has a claim arising from the Same incident, each person shall file a, claim separately. A subrogor and a Subrogee may file a claim jointly or Separately. (b) To whom submitted. Claims under the Federal Tort and Military Claims Acts shall be submitted to the commanding officer of the Navy or Marine Corps activity involved, if known. Otherwise, they shall be submitted to the Commanding officer of any Navy or Marine Corps activity, preferably the One nearest to where the accident, OCCurred, the local Naval Legal Service Command activity, or to the Judge Advocate General, 200 Stovall Street, Alexandria, VA 22332–2400.
$750.7 Claims: command.
(a) Record date of receipt. The first Command receiving a claim shall Stamp or mark the date of recipt on the letter or claim form. The envelope in which the claim was received shall be preserved.
(b) Determine the military activity involved. The receiving command shall determine the Navy or Marine Corps activity most directly involved with the claim—usually the command where the incident is alleged to have occurred—and forward a copy of the claim to that activity. The original claim (and the transmittal letter, if a. Copy is forwarded to a more appropriate activity) should immediately be Sent to the Servicing Naval Legal Service Command activity claims office.
(c) Initiate an investigation. An investigation under this part shall be commenced inmediately by the command most directly involved with the claim. Once the investigation has been completed, an advance copy shall be forwarded by the convening authority to
Action by receiving the Naval Legal Service Command activity providing claims support. Waiting until endorsements have been Obtained before providing a copy of the investigation to the cognizant claims adjudicating authority is neither required nor desirable. The facts of the incident must be made known to COgnizant claims personnel as Soon as posSible.
$750.8 Claims: Responsibility of the adjudicating authority.
(a) Reviewing prior actions. The adjudicating authority determines whether an adequate investigation has been conducted, whether the initial receipt date is recorded on the face of the claim, and whether all holders of the investigation, if completed, are advised of the receipt of the claim. (b) Determining Sufficiency of the claim. The claim should be reviewed and a determination of its sufficiency made. If the claim is not sufficient as received, it shall be returned to the party who Submitted it along with an explanation of the insufficiency. This does not Constitute denial of the claim. The claim shall not be considered “presented” until it is received in proper form. (c) Adjudicating the claim. (1) The adjudicating authority shall evaluate and either approve or disapprove all claims within its authority, except where the payment of multiple Federal Torts Claims Act claims arising from the Same incident will exceed $100,000.00 in the aggregate and thereby require approval of the Department of Justice. In this latter instance, the claims and the investigative report shall be forwarded to the Judge Advocate General for action. (2) The adjudicating authority shall evaluate and, where liability is established, attempt to Settle claims for amounts within its adjudicating authority. Permission of higher authority to conduct settlement negotiations to effect. Such Settlements is not necessary. Negotiation at Settlement figures above the adjudicating authority’s payment limits may be attempted if the claimant is informed that the final decision on the claim will be made at a higher level. (3) If a claim cannot be approved, settled, compromised, or denied within
the adjudicating authority limits established in this instruction, the claim shall be referred promptly to the Judge Advocate General. The following materials shall be forwarded with the claim: (i) An official endorsement or letter of transmittal containing a recOmmendation on resolution of the Claim. (ii) A memorandum of law containing a review of applicable law, an evaluation of liability, and recommendation On the Settlement value of the case. This memorandum should concentrate On the unusual aspects of applicable law, chronicle the attempts to resolve the claim at the local level, provide information about the availability of Witnesses, and outline any other information material to a resolution of the claim, i.e. prior dealings with the claimant’s attorney, local procedural rules, or peculiarities that may make trial difficult. The memorandum Should not repeat information readily obtained from the investigative report and should be tailored to the complexity of the issues presented. An abbreViated memorandum should be submitted if the claim is statutorily barred because of the statute of limitations or Federal Employees’ Compensation Act or otherwise barred because of the Feres doctrine. (iii) The Original investigative report and all allied papers. (iv) The original claim filed by the claimant (and the envelope in which it arrived, if preserved). The adjudicating authority Shall retain at least one copy of all papers forwarded to the Judge Advocate General under this section. (d) Preparing litigation reports. A litigation report is prepared when a lawSuit is filed and a complaint received. The report is addressed to the Department of Justice Official or the U.S. Attorney having cognizance of the matter. The report is a narrative summary of the facts upon which the Suit is based and has as enclosures the claims file and a memorandum of law on the iSSueS presented. (1) When the claim has been forwarded to the Judge Advocate General prior to the initiation of a suit, litigation reportS Originate in the Claims and Tort, Litigation Division of the Office of the Judge Advocate General.
(2) When, however, the claim has not been forwarded and is still under the cognizance of the Naval Legal Service Command claims office, that command will ordinarily be required to prepare and forward the litigation report to the requesting Organization. In this instance, the litigation report should be sent directly to the cognizant Department of Justice official or U.S. Attorney with a copy of the report and all enclosures to the Judge Advocate General.
$750.9 Claims: Payments.
Claims approved for payment shall be expeditiously forwarded to the disbursing office or the General Accounting Office depending on the claims act involved and the amount Of the requested payment. Generally, payment of a Federal tort claim above $2,500.00 requires Submission of the payment voucher to the General Accounting Office. All other field authorized payment vouchers are submitted directly to the servicing disbursing office for payment.
$750.10 Claims: lease.
(a) Fully and partially approved claims. When a claim is approved for payment in the amount claimed, no settlement agreement is necessary. When a federal tort, military, or non-scope claim is approved for payment in a lesser amount than that claimed, the claimant must indicate in writing a willingness to accept the Offered amount in full settlement and final satisfaction of the claim. In the latter instance, no payment will be made until a signed Settlement agreement has been received.
(b) Release. (1) Acceptance by the claimant of an award or settlement made by the Secretary of the Navy or designees, or the Attorney General or designees, is final upon acceptance by the claimant. Acceptance is a complete release by claimant of any claim against the United States by reason of the same Subject manner. Claimant’s acceptance of an advance payment does not have the same effect.
(2) The claimant’s acceptance of an award or settlement made under the provisions governing the administrative settlement of Federal tort claims
Settlement and re
or the civil action provisions of 28 U.S.C. 1346(b) also constitutes a complete release of any claim against any employee of the Government, whose act Or Omission gave rise to the Claim.
$750.11 Claims: Denial.
A final denial of any claim within this chapter shall be in writing and Sent to the claimant, his attorney, or legal representative by certified or registered mail with return receipt requested. The denial notification shall include a statement of the reason or reasons for the denial. The notification shall include a statement that the claimant may:
(a) If the claim is cognizable under the Federal Tort Claims Act, file Suit, in the appropriate United States District Court within 6 months of the date Of the denial notification.
(b) If the claim is cognizable under the Military Claims Act, appeal in writing to the Secretary of the Navy within 30 days of the receipt of the denial notification. The notice of denial shall inform the claimant or his representative that suit is not possible under the Act.
$750.12 Claims: Action when suit filed.
(a) Action required of any Navy official receiving motice of Suit. The commencement, under the Civil action provisions of the Federal Tort Claims Act (28 U.S.C. 1346(b)), of any action against the United States and involving the Navy, that comes to the attention of any Official in Connection with his official duties, shall be reported innmediately to the commanding officer of the Servicing Naval Legal Service Command activity who shall take any necessary action and provide prompt notification to the Judge Advocate General. The commencement of a civil action against an employee of the Navy for actions arising from the performance of official duties shall be reported in the same manner.
(b) StepS upon commencement of civil action. Upon receipt by the Judge Advocate General of notice from the Department of Justice or other source that a civil action involving the Navy has been initiated under the Civil action provisions of the Federal Tort Claims Act, and there being no investigative report available at the headquarters, a request shall be made to the commanding Officer of the appropriate Naval Legal Service Command activity for an investigative report into the incident. If there is not a Completed investigation, the request shall be forwarded to the appropriate naval activity to convene and complete such a report. The commanding Officer of the Naval Legal Service Command activity shall determine whether an administrative claim had been filed and, if available information indicates none had, advise the Office of the Judge Advocate General (Claims and Tort, Litigation Division) inmediately.
(a) The Department of Defense has assigned single-service responsibility for processing claims in foreign countries under the following acts. The Service and country assignments are in DODDIR. 5515.8 Of 9 June 1990.1 (1) Foreign Claims Act (10 U.S.C. 2734); (2) Military Claims Act (10 U.S.C. 2733); (3) International Agreements Claims Act (10 U.S.C. 2734a, and b), on the prorata cost sharing of claims pursuant to international agreement; (4) NATO Status of Forces Agreement (4 UST 1792, TIAS 2846) and other Similar agreements; (5) Medical Care Recovery Act (42 U.S.C. 2651–2653) claims for reimbursement for medical care furnished by the United States; (6) NonScope Claims Act (10 U.S.C. 2737), claims not cognizable under any Other provision of law; (7) Federal Claims Collection Act of 1966 (31 U.S.C. 3701); the Act of June 1921 (31 U.S.C. 3702), claims and demands by the U.S. Government; and (8) Public Law 87–212 (10 U.S.C. 2736), advance or emergency payments. (b) Single service assignments for processing claims mentioned above are as follows:
Claims: Single service responty.
1 Copies may be obtained if needed, from Commanding Officer, U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120.
(1) Department of the Army: Austria, Belgium, El Salvador, France, the Federal Republic of Germany, Grenada, Honduras, Korea, the Marshall Islands, and Switzerland and as the Receiving State Office in the United States under 10 U.S.C. 2734a, and 2734b and the NATO Status of Forces Agreement, and other Status of Forces Agreements with Countries not covered by the NATO agreement.
(2) Department of the Navy: Bahrain, Iceland, Israel, Italy, Portugal, and Tunisia.
(3) Department of the Air Force: Australia, Azores, Canada, Cyprus, Denmark, Greece, India, Japan, Luxembourg, Morocco, Nepal, Netherlands, Norway, Pakistan, Saudi Arabia, Spain, Turkey, the United Kingdom, Egypt, Oman, and claims involving, or generated by, the U.S. Central Command (CENTCOM) and the U.S. Special Operations Command (USSOC), that arise in Countries not Specifically asSigned to the Departments of the Army and the Navy.
(c) U.S. forces afloat cases under $2,500.00. Notwithstanding the single Service assignments above, the Navy may settle claims under $2,500.00 Caused by personnel not acting within the Scope of employment and arising in foreign ports visited by U.S. forces afloat and may, subject to the concurrence of the authorities of the receiving State concerned, process such claims.
§§ 750.14–750.20 [Reserved]
Subport B–Federal Tort Claims Act
$750.21 Scope of subpart B.
This subpart provides information regarding the administrative processing and consideration of claims against the United States under the FTCA. The FTCA is a limited waiver of sovereign immunity. Under the FTCA, an individual can seek money damages for personal injury, death, or property damage caused by the negligent or Wrongful act or omission of a Federal employee acting within the scope of employment. The FTCA also provides for compensation for injuries caused by certain intentional, wrongful conduct.