Misc Pub 27-8 Legal Handbook Commander’s 2019

Disposition of Meritorious Claims

Download 4.49 Mb.

View original pdf

Page	264/288
Date	15.02.2024
Size	4.49 Mb.
	#63548

1 ... 260 261 262 263 264 265 266 267 ... 288

CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

309
5. Disposition of Meritorious Claims
If after this 10 day period the approving authority determines that assessment is still warranted, the approval authority will direct the appropriate Defense Accounting Office to withhold such amount from the Soldier’s pay and award it to the claimant. The Soldier may choose to make voluntary and full restitution at any stage during the claim process, allowing the approval authority to terminate the process.
F. Related Administrative and UCMJ Actions
Commanders may determine, inappropriate circumstances, that a Soldier’s actions resulting in the loss or damage of private property warrant adverse administrative or UCMJ action. Commanders are advised, however, that findings of liability under Article 139 are separate and distinct from findings that may result during other adverse actions. Each type of action requires independent findings.
Return to Table of Contents

Return to Table of Contents

311
55
Foreign and Deployment Claims
A. References
• US. Dept Of Army, Reg. 27-20, Claims (8 Feb. 2008)
• US. Dept Of Army, Pam. 27-162, Claims Procedures (21 Mar. 2008)
• JAGINST A, Administrative Processing and Consideration of Claims on Behalf of and Against the United States (18 June 2005)
• Memorandum, Under Secretary of Defense (Comptroller) (USD(C)) subject Commanders Emergency Response Program (CERP) Guidance (18 Dec. 2008)
B. Types of Claims Applicable During A Deployment
1. Claims Cognizable Under the Personnel Claims Act (PCA).
The PCA applies worldwide. It is limited to claims for loss, damage, or destruction of personal property of military personnel and DoD civilian employees that occur incident to service. Valid PCA claims commonly arising in deployment situations include loss of equipment and personal items during transportation certain losses while in garrison quarters losses suffered in an emergency evacuation losses due to terrorism directed against the United States and the loss of clothing and articles worn while performing military duties. No claim maybe approved under the PCA when the claimant’s negligence caused the loss. Prompt payment of service members and civilians PCA claims is essential to maintaining positive morale in the unit.

Download 4.49 Mb.

Share with your friends:

1 ... 260 261 262 263 264 265 266 267 ... 288