Misc Pub 27-8 Legal Handbook Commander’s 2019

Claims Cognizable Under the Military Claims Act (MCA)

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

3. Claims Cognizable Under the Foreign Claims Act (FCA)
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5. Article 139 Claims

2. Claims Cognizable Under the Military Claims Act (MCA)
The MCA also applies worldwide, however the claimant must be a US. resident in order to recover. Overseas, the MCA will apply only when the claim cannot be paid under the PCA or the Foreign Claims Act (FCA) (discussed below. In some circumstances, the MCA maybe used to reimburse US. contractors and reporters for loss of personal items while serving alongside military members in deployed environments.
3. Claims Cognizable Under the Foreign Claims Act (FCA)
The FCA is the most widely-used claims statute in foreign deployments. Under the FCA, meritorious claims for property losses, injury or death caused by service members or the civilian component of the US. forces maybe settled to promote and maintain friendly relations with the receiving state. Only claims resulting from noncombat activities or negligent or wrongful acts or omissions are compensable. Categories of claims that may not be allowed include losses from combat contractual matters domestic obligations and claims that either are not in the best interest of the US. to pay, or are contrary to public policy.
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4. Claims Cognizable Under International Agreements (SOFA Claims)
As a general rule, the FCA will not apply in foreign countries where the US. has an agreement that provides for the settlement or adjudication and cost sharing of claims against the United States arising out of the acts or omissions of a member or civilian employee of an armed force of the United States For example, if a unit deploys to Korea, Japan, or any NATO or Partnership for Peace country, claims matters will be managed by a command claims service under the applicable status of forces agreement (SOFA).
5. Article 139 Claims
Claims initiated and processed under Article 139, UCMJ, permit individuals to file claims against Soldiers who willfully and unlawfully take or destroy personal property. Subject to certain limitations, any individual whose property was taken or destroyed by a Soldier may file an Article 139 claim.

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