AAFES
Army and Air Force Exchange Service
AAO
area action officer
ACMP
Affirmative claims management program (database)
ACO
area claims office
ACOM
Army Command
AEA
Admiralty Extension Act
ALDG
Allowance List Depreciation Guide
AMCSA
Army Maritime Claims Settlement Act
APF
appropriated funds
ASCC
Army Service Component Command
AR
Army regulation
ARNG
Army National Guard
ARNGUS
Army National Guard of the United States
attn
attention
AWOL
absent without leave
BL
bill of lading
CBL
Commercial bill of lading
CEA
claims expenditure allowance
CER
C.F.R.
Code of Federal Regulations
CJA
claims judge advocate
COE
Corps of Engineers
CONUS
continental United States
CPO
claims processing office
DA
Department of the Army
DAO
Defense Accounting Office
DECA
Defense Commissary Agency
DFAS
Defense Finance and Accounting Service
DFAS–IN
Defense Finance and Accounting Service–Indianapolis
DHP
Defense Health Program
DJAG
Deputy Judge Advocate General
DOD
Department of Defense
DODD
Department of Defense Directive
DODI
Department of Defense Instruction
DOJ
Department of Justice
DPM
direct procurement method
DRMO
Defense Reutilization and Marketing Office
DVA
Department of Veterans Affairs
EOP
FAR
Federal Acquisition Regulation
FCA
Foreign Claims Act
FCC
Foreign Claims Commission
FCCA
Federal Claims Collection Act
FECA
Federal Employees Compensation Act
FKJA-CL
U.S. Forces Kores (Claims)
FMCRA
Federal Medical Care Recovery Act
FMS
Financial Management Service
FOIA
Freedom of Information Act
FRCP
Federal Rules of Civil Procedure
FTCA
Federal Tort Claims Act
GBL
Government bill of lading
GCMCA
General Court Martial Convening Authority
GPC
global privately owned vehicle contract
GS
general schedule
HCP
health care providers
HIPAA
Health Insurance Portability and Accountability Act
HQDA
Headquarters, Department of the Army
IACA
International Agreements Claims Act
IME
IO
investigating officer
ITGBL
international through government bill of lading
JA
judge advocate
JAGC
Judge Advocate General’s Corps
JFTR
Joint Federal Travel Regulations
JTR
Joint Travel Regulation
LSHWCA
Longshore and Harbor Workers’ Compensation Act
MCA
Military Claims Act
MCJA
medical claims judge advocate
MCSA
Maritime Claims Settlement Act
MEDCOM
United States Army Medical Command
MOA
memorandum of agreement
MOU
memorandum of understanding
MTF
medical treatment facility
NAF
nonappropriated fund
NAFI
non-appropriated funds instrumentality
NATO
North Atlantic Treaty Organization
NGCA
National Guard Claims Act
NGB
National Guard Bureau
NSCA
NTS
nontemporary storage
O&M
operation and maintenance
OCONUS
outside the continental United States
OSJA
Office of the Staff Judge Advocate
OTJAG
Office of the Judge Advocate General
Pam
pamphlet
para
paragraph
PCA
Personnel Claims Act
PCE
potentially compensable event
PCMS
Personnel claims management system (database)
PED
pre-existing damage
PFP
Partnership for Peace
POV
privately owned vehicle
PPSO
personal property shipping office
Pub. L. No.
Public Law Number
PVA
Public Vessels Act
RCI
residential communities initiative
RCJA
recovery judge advocate
RCP
replacement-cost protection
RIMP
RJA
recovery judge advocate
ROTC
Reserve Officer Training Corps
RSMO
Regional Storage Management Office
SA
Secretary of the Army
SAUSA
Special Assistant United States Attorney
SDDC
Surface Deployment and Distribution Command
SF
standard form
SIAA
Suits in Admiralty Act
SJA
staff judge advocate
SOFA
Status of Forces Agreement
SOL
statute of limitations
SPCMCA
Special Court Martial Convening Authority
Stat. statute subpara subparagraph TDY temporary duty TGBL
through government bill of lading
T.I.A.S.
Treaties and International Acts Series
TJAG
The Judge Advocate General
TO
transportation officer
TSCA
UCMJ
Uniform Code of Military Justice
UPS
United Parcel Service
U.S.
United States
USACSEUR
U.S. Army Claims Service, Europe
USAR
U.S. Army Reserve
USARCS
U.S. Army Claims Service
U.S.C.
United States Code
U.S.T.
United States Treaties and Other International Agreements
VPC
vehicle processing center
Section II Terms
Affirmative claims
An assertion of the Government’s statutory right to recover money, property, or repayment in kind, resulting from property loss, damage, or destruction by any individual, partnership, association, or other legal entity, foreign or domestic, except an instrumentality of the United States. Also, an assertion of the Government’s statutory right to recover the reasonable medical costs expended for hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances), and the costs of pay provided to an injured Soldier during periods of incapacitation incurred under circumstances creating tort liability upon some third person or under circumstances permitting recovery from the injured party’s insurer.
Civilian employee
A person whose activities the Government has the right to direct and control, not only as to the result to be accomplished but also as to the means used. This term includes, but is not limited to, full-time Federal civilian officers and employees. The term “civilian employee” should be distinguished from “independent contractor,” for whose actions the Government generally is not liable. The decision as to who is a civilian employee is a Federal question determined under Federal, not local law.
Claim
A demand for payment of a specified sum of money for personal injury, property damage, or wrongful death, singly or in combination, and unless otherwise specified in this regulation, in writing and signed by the claimant or a properly designated representative.
Claimant
An individual, partnership, association, corporation, country, state, territory, or other political subdivision of such country. It does not include the U.S. Government or any of its instrumentalities, except as prescribed by statute. Indian tribes are not proper party claimants, but individual Indians may be claimants.
Claim approval authority
Except for claims under chapters 7, 9, and 11, and subject to any limitations found in specific provisions of this regulation, the authority to approve and pay a claim in the amount presented or in a lesser amount upon the execution of a settlement agreement by the claimant. Under chapter 11, the authority of a designated Government agent to adjudicate and pay a claim in a meritorious amount within the monetary limits prescribed in that chapter. A person
with approval authority may not disapprove a claim in its entirety or make a final offer subject to any limitations found in specific provisions of this regulation.
Claim file
A file containing the claim, the report of the claims officer or other report of claims investigation, supporting documentation, and pertinent correspondence.
Claim settlement authority
The authority to approve a claim, deny a claim in its entirety, or make a final offer subject to any limitations found in specific provisions of this regulation.
Claims assistance visit
Instruction and assistance provided by USARCS personnel on an official visit to a CCS, ACO, or CPO.
Claims attorney
A DA or DOD civilian attorney assigned to a judge advocate or legal office who has been designated by the Staff Judge Advocate or other appropriate authority to act as a claim settlement or approval authority.
Claims judge advocate
An officer of the Judge Advocate General’s Corps designated by a command or staff judge advocate to be in immediate charge of claims activities of the command.
Claims officer
A commissioned officer, warrant officer, or qualified civilian employee, detailed by the commander of an installation or unit, who is trained or experienced in the investigation of claims.
Combat activities
Activities resulting directly or indirectly from action by the enemy, or by the Armed Forces of the United States engaged in armed conflict, or in immediate preparation for impending armed conflict.
Contingency operation
A military operation in which the Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy or an opposing force, which results in the call up to (or retention on) active duty of members of the uniformed services under certain provisions of Title 10 of the United States Code; or during war or national emergency declared by the President or Congress; or that is designated as such by the Secretary of Defense.
Cross-servicing
Transferring of a tort claim to another Armed Service either as a result of single service responsibility or when a claim alleges negligence by more than one Service and a lead agency is established.
Depecage
The process whereby different issues, such as damages or “who is a proper claimant,” in a single case, arising out of a single set of facts, are decided according to the laws of different states.
Disaster
A sudden and extraordinary calamity occasioned by activities of the Army, other than combat, resulting in extensive civilian property damage or personal injuries and creating a large number of potential claims.
Drayage
A charge for the local transportation of property.
Ex gratia
“As a matter of grace.” In the case of ex gratia claims under the NATO SOFA, Article VIII, paragraph six, a claim considered by the sending State without legal obligation (under the Foreign Claims Act) to do so.
Federal agency
A Federal agency includes executive departments and independent establishments of the United States and corporations acting as instrumentalities or agencies of the United States but does not include any contractor working for or with, or supplying goods or services to, the United States.
Final offer
An offer of payment by a settlement authority in full and final settlement of a claim that, if not accepted, constitutes a final action for purposes of filing suit under chapter 4 or filing an appeal under chapters 3 or 6, provided such offer is made in writing and meets the other requirements of a final action, as set forth in this regulation.
Government vehicle
A vehicle owned or on loan to any agency of the U.S. Government, or privately owned and operated by a Soldier or civilian employee of the Army in the scope of his or her office or employment with the U.S. Government, including vehicles operated on joint operations of the Armed Forces of the United States.
Medical claims investigator
A senior legal specialist or qualified civilian assigned to assist a medical claims judge advocate on a full-time basis. A medical claims investigator is authorized to administer oaths under the provisions of Article 136(b)(4), UCMJ, when performing investigative duties.
Medical claims judge advocate
A judge advocate assigned to an Army Medical Center, under an agreement between TJAG and the Surgeon General, to perform the primary duty of investigating and processing medical malpractice claims.
Medical malpractice claim
A claim arising out of substandard medical care.
Military personnel
Members of the Army on active duty for training or inactive duty training. This includes members of the Army National Guard of the various states, Puerto Rico, the Virgin Islands, and Guam while performing active duty for training, as well as members of the District of Columbia National Guard while on active duty or active duty for training.
Noncombat activities
Authorized activities essentially military in nature, having little parallel in civilian pursuits, which historically have been considered as furnishing a proper basis for payment of claims. Examples are practice firing of missiles and weapons, training, and field exercises, maneuvers that include the operation of aircraft and vehicles, use and occupancy of real estate in the absence of a contract or international agreement covering such use, and movement of combat or other vehicles designed especially for military use. Certain civil works activities such as inverse condemnation are also included. Activities excluded are those incident to combat, whether in time of war or not, and use of military personnel and civilian employees in connection with civil disturbances.
Personal property
Property consisting solely of corporeal personal property, that is, tangible things.
Single-service responsibility
In an overseas area, the responsibility of one of the Armed Services (Army, Air Force, or Navy) for processing and settling all claims arising in that area, even when caused by the negligence of another Service.
Solatia
Solatia payments are nominal payments made immediately to a victim or the victim’s Family to express sympathy when local custom exists for such payments. Solatia payments are made by a tortfeasor from personal funds, or by the Armed Forces of the United States from operations and maintenance appropriations other than claims funds.
Structured settlement
A settlement in which compensation is deferred in accordance with a particular plan rather than paid in one lump sum. Structured settlements may range from simple deferred payment plans to complex trusts financed by annuities or other financial instruments.
Subrogated claim
A claim based on a contract or statute that obligates payment to an insured. State law may prohibit subrogation of medical bills as a matter of public policy.
Section III
Special Abbreviations and Terms