Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 7. Solatia Payments
- 8. CERP Condolence Payments
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| 6. Alternatives to Claims In addition to the many claims provisions listed above, deployed units must also be aware of other sources for payments. Primarily, solatia and Commander’s Emergency Response Program (CERP) funds maybe used to make payments under certain circumstances in which a claim is not cognizable. Although these payment sources are NOT apart of the claims program, they maybe a suitable alternative to claims in certain circumstances. 7. Solatia Payments If a unit deploys to parts of the world where payments in sympathy or recognition of loss are common, Commanders should explore the possibility of making solatia payments to accident victims. Solatia payments are not claims payments. They are payments in money or in-kind to a victim or to a victim’s family as an expression of sympathy or condolence. These payments are immediate and, generally, nominal. The individual or unit involved in the damage has no legal obligation to pay compensation is simply offered as an expression of sympathy in accordance with local custom. Solatia payments are not paid from claims funds but, rather, from unit operation and maintenance (OM) budgets. Prompt payment of solatia ensures the goodwill of local national populations, thus allowing the US. to maintain positive relations with the host nation. Solatia payments should not be made without prior coordination with the highest levels of command for the deployment area. 8. CERP Condolence Payments The Commanders Emergency Response Program was originally created to respond tour- gent humanitarian relief and reconstruction requirements but not for payments to individuals. However, in 2005, the guidance changed to allow payment of: “Repair of damage that results from US, coalition, or supporting military operations and is not compensable under the Foreign Claims Act”; “Condolence payments to individual civilians for death, injury, or property damage resulting from US, coalition, or supporting military operations.” Return to Table of Contents |