PART 751—PERSONNEL CLAIMS REGULATIONS Authority: 5 U.S.C. 301, 10 U.S.C. 5013 and 5148; E.O. 12473, 3 CFR, 1984 Comp., p. 201. Source: 57 FR 5055, Feb. 12, 1992, unless otherwise noted. Subpart A—Claims Against the United States § 751.1 Scope. This part prescribes procedures and substantive bases for administrative settlement of claims against the United States submitted by Department of Navy (DoN) personnel and civilian employees of the naval establishment. [72 FR 53422, Sept. 19, 2007] § 751.2 Claims against the United States: In general. (a) Maximum amount payable. (b) Additional instructions. (c) Preemption. (d) Other claims. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53422, Sept. 19, 2007] § 751.3 Authority. The Personnel Claims Act provides the authority for maximum payment up to $40,000, $100,000 in extraordinary circumstances for loss, damage, or destruction of personal property of military personnel or civilian employees incident to their service. No claim may be paid unless it is presented in writing within 2 years of the incident that gave rise to the claim. [72 FR 53422, Sept. 19, 2007] § 751.4 Construction. The provisions of this section and the Personnel Claims Act provide limited compensation to service members and civilian employees of the DON for loss and damage to personal property incurred incident to service. This limited compensation is not a substitute for private insurance. Although not every loss may be compensated under the Personnel Claims Act, its provisions shall be broadly construed to provide reasonable compensation on meritorious claims. Adjudications must be based on common sense and the reasoned judgment of the claims examiner giving the benefit of realistic doubt to the claimant. § 751.5 Definitions. (a) Proper claimants Members of the DON. (2) Civilian employees of the Navy. (3) Claims by non-appropriated fund employees. (4) Separation from service. (5) Agent or legal representative. (i) Spouse; (ii) Child or children; (iii) Father, mother, or both; (iv) Brother, sister, or both. (b) Improper claimants. (c) Unusual occurrence. (d) Personal property. (e) Intangible property. (f) Vehicles. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53422, Sept. 19, 2007] § 751.6 Claims payable. Claims for loss, damage, or destruction of property may be considered as set out below if possession of the property was reasonable and useful under the circumstances and the loss did not result from the negligence of the claimant. The following are examples of more common claims. Not all situations that may result in a claim are covered, but the processes described in the examples on how to approach, investigate, and adjudicate claims are applicable to all claims filed. (a) Transportation and storage losses. (2) Incurred during travel under orders, including temporary duty. (3) Incurred during travel on a space available basis on a military aircraft, vessel, or vehicle. (4) Do-it-yourself (DITY) moves. (5) Shipment or storage at the claimant's expense. (b) Losses at assigned quarters or other authorized places. (c) Vehicle losses. (2) Losses incurred while a vehicle is shipped at Government expense are compensable provided the loss or damage did not arise from mechanical or structural defect of the vehicle during such shipment. Damage caused during shipment at the claimant's expense or while the vehicle is being moved to or from the port by an agent of the claimant is not compensable. (3) Losses incurred while a vehicle is located at quarters or other authorized place of lodging, including garages, carports, driveways, assigned parking spaces, if the loss or damage is caused by fire, flood, hurricane, theft, or vandalism, or other unusual occurrence. Vandalism is damage intentionally caused. Stray marks caused by children playing, falling branches, gravel thrown by other vehicles, or similar occurrences are not vandalism. The amount payable on vandalism claims is limited to the maximum payment authorized by the ALDG. (4) Incurred while a vehicle is located at places other than quarters but on a military installation, if the loss or damage is caused by fire, flood, hurricane, theft, or vandalism, or other unusual occurrence. “Military installation” is used broadly to describe any fixed land area, wherever situated, controlled, and used by military activities or the Department of Defense (DOD). A vehicle properly on the installation should be presumed to be used incident to the claimant's service. A vehicle that is not properly insured or registered in accordance with local regulations is not properly on the installation. A vehicle left in a remote area of the installation that is not a designated long-term parking area for an undue length of time is presumed not to be on the installation incident to service. (5) Theft of property stored inside a vehicle. (6) Rental vehicles. (d) Mobile homes and contents in shipment. (e) Borrowed property (including vehicles). (f) Clothing and articles being worn. (g) Personal property held as evidence or confiscated property. (h) Theft from possession of claimant. (i) Property used for the benefit of the Government. (j) Money deposited for safekeeping, transmittal, or other authorized disposition. (k) Fees For obtaining certain documents. (2) Estimate fees. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53422, Sept. 19, 2007] § 751.7 Claims not payable. (a) Losses in unassigned quarters in the United States. (b) Currency or jewelry shipped or stored in baggage. (c) Enemy property or war trophies. (d) Unserviceable or Worn-Out Property. (e) Loss or damage to property to the extent of any available insurance coverage. (f) Inconvenience or loss of use. (g) Items of speculative value. (h) Loss or damage to property due to negligence of the claimant. (i) Business property. (j) Motor vehicles. (k) Violation of law or directives. (l) Sales tax. (m) Appraisal fees. (n) Quantities of property not reasonable or useful under the circumstances are not compensable. (o) Intangible Property, such as Bankbooks, Checks, Promissory Notes, Stock Certificates, Bonds, Bills of Lading, Warehouse Receipts, Baggage Checks, Insurance Policies, Money Orders, and Traveler's Checks are not Compensable. (p) Property Owned by the United States, Except where the Claimant is Responsible to an Agency of the Government other than the DON. (q) Contractual coverage. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53423, Sept. 19, 2007] § 751.8 Adjudicating authorities. (a) Claims by Navy personnel. (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant Judge Advocate General; and (iv) The Deputy Assistant Judge Advocate General (Claims and Tort Litigation). (2) Any individual, when designated by the Deputy Assistant Judge Advocate General (Claims and Tort Litigation Division), may adjudicate and authorize payment of PCA claims up to any designated amount. (b) Claims by Marine Corps personnel. (i) Commandant of the Marine Corps; (ii) Deputy Commandant, Manpower and Reserve Affairs Department; (iii) Director, Personal and Family Readiness Division; (iv) Head, Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual personally designated by the Commandant of the Marine Corps may adjudicate and authorize payment of PCA claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims Section is authorized to adjudicate and authorize payment of PCA claims up to $25,000. (3) Any individual at Marine Corps Field Transportation Management Office/Claims Activities, when personally designated by the Director, Personal and Family Readiness Division, may be authorized to adjudicate and authorize payment of PCA claims up to any delegated amount not to exceed $40,000. [72 FR 53423, Sept. 19, 2007] § 751.9 Presentment of claim. (a) General. (b) Statute of limitations. (c) Substantiation. (1) Obviously damaged or missing inventory items that are not reported at delivery. (2) Later-discovered shipment loss or damage. (3) Damage to POVs in shipment. (4) Credibility. (5) Inspections. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53423, Sept. 19, 2007] § 751.10 Form of claim. The claim should be submitted on DD Form 1842 (Claim for Personal Property) accompanied by DD Form 1844 (List of Property). If DD Forms 1842 and 1844 1 1 http://www.jag.navy.mil. [57 FR 5055, Feb. 12, 1992, as amended at 72 FR 53424, Sept. 19, 2007] § 751.11 Investigation of claim. Upon receipt of a claim, the claim shall be stamped with the date and receiving office, forwarded to the cognizant PCU and be referred to a claims examiner. The examiner shall consider all information and evidence submitted with the claim and shall conduct such further investigation as may be necessary and appropriate. [72 FR 53424, Sept. 19, 2007] § 751.12 Payments. Payment of approved personnel claims 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 adjudicating authority for this purpose. [72 FR 53424, Sept. 19, 2007] § 751.13 Partial payments. (a) Partial payments when hardship exists. (b) Marine hardship payments. (c) Effect of partial payment. [72 FR 53424, Sept. 19, 2007] § 751.14 Reconsideration and appeal. (a) General. (b) Files forwarded to JAG. (c) Appeals procedure for claims submitted by Marine Corps personnel. [72 FR 53424, Sept. 19, 2007] §§ 751.15-751.20 [Reserved] Subpart B [Reserved]