[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR842.31]

[Page 96-97]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 842_ADMINISTRATIVE CLAIMS--Table of Contents
 
            Subpart D_Personnel Claims (31 U.S.C. 3701, 3721)
 
Sec. 842.31  Claims payable.

    Claims may be paid for:
    (a) Transportation or storage loss: (1) Pay for property damage or 
loss incident to:
    (i) Transportation under orders, whether it was in the possession of 
the government, carrier, storage warehouse, or other government 
contractor. This includes Do-It-Yourself (DITY) moves.
    (ii) Travel under orders, including temporary duty (TDY).
    (iii) Travel on a space available basis on a military aircraft, 
vessel, or vehicle.
    (2) Pay for property essential to everyday use, if the claimant has 
replaced the items that he or she reported as missing. Essential items 
may be paid for even if someone locates the property before the claimant 
files the claim.
    (b) Losses at quarters and other authorized places--(1) In the 
United States (including U.S. territories and possessions). Pay for 
personal property damage or loss, to include food spoilage, which is 
caused by fire, explosion, theft, vandalism, typhoon, hurricane, unusual 
occurrences or power outages which last for an extended period of time. 
The claimant must be free of negligence.
    (i) Claims for damage or loss caused by other acts of god are not 
paid except in those instances where the geographic area has been 
declared to be a federal disaster area or HQ USAF/JACC has determined 
that payment is appropriate because the severity of the act of god was 
truly extraordinary.
    (ii) In some areas, extreme weather, such as severe lightning 
storms, hail, or high winds, occur routinely. Damage claims from these 
storms are normally not paid. Failure to take reasonable care in 
protecting property from such known hazards may be negligence. These 
types of claims would include pitted windshields, dents, chipped paint 
on vehicles, and lightning damage to television sets, stereos, computer 
components, video recorders, and other electrical appliances.
    (2) Outside the United States. Pay for personal property damage or 
loss, to include food spoilage, which is caused by fire, explosion, 
theft, vandalism, acts of god, unusual occurrences, or power outages 
which last for an extended period of time. The claimant must be free of 
negligence. The SJA must make an affirmative determination that the act 
of god or unusual occurrence was truly extraordinary.
    (c) Privately owned vehicles (POV). Pay for damage to or loss of 
POVs caused by government negligence under subpart F or K. Pay under 
this subpart for damage or loss incident to:
    (1) Theft of POVs or their contents, or vandalism to parked POVs:
    (i) Anywhere on a military installation.
    (ii) At offbase quarters overseas.
    (iii) At other authorized places.
    (2) Government shipment:
    (i) To or from oversea areas incident to PCS.
    (ii) On a space available reimbursable basis.
    (iii) As a replacement vehicle under the provisions of the Joint 
Travel Regulations (JTR).
    (3) Authorized use for government duty other than PCS moves. The 
owner must have specific advance permission of the appropriate 
supervisor or official. Adequate proof of the permission

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and of nonavailability of official transportation must be provided prior 
to paying such claims. Claims arising while the claimant is deviating 
from the principal route or purpose of the trip should not be paid, but 
claims occurring after the claimant returns to the route or purpose 
should be paid. Travel between quarters and place of duty, including 
parking, is not authorized use for government duty.
    (4) Paint spray, smokestack emission, and other similar operations 
by the Air Force on a military installation caused by a contractor's 
negligence. (Process the claim under subpart F or K, if government 
negligence causes such losses.) If a contractor's operation caused the 
damage:
    (i) Refer the claim first to the contractor for settlement.
    (ii) Settle the claim under this subpart if the contractor does not 
pay it or excessively delays payment, and assert a claim against the 
contractor.
    (d) Damage to mobile or manufactured homes and contents in shipment. 
Pay such claims if there is no evidence of structural or mechanical 
failure for which the manufacturer is responsible.
    (e) Borrowed property. Pay for loss or damage to property claimants 
borrow for their use. Either the borrower or lender, if proper 
claimants, may file a claim. Do not pay for property borrowed to 
accommodate the lender, i.e., such as to avoid weight or baggage 
restrictions in travel.
    (f) Marine or aircraft incident. Pay claims of crewmembers and 
passengers who are in duty or leave status at the time of the incident. 
Payable items include jettisoned baggage, clothing worn at the time of 
an incident, and reasonable amounts of money, jewelry, and other 
personal items.
    (g) Combat losses. Pay for personal property losses, whether or not 
the United States was involved, due to:
    (1) Enemy action.
    (2) Action to prevent capture and confiscation.
    (3) Combat activities.
    (h) Civil activity losses. Pay for losses resulting from a 
claimant's acts to:
    (1) Quell a civil disturbance.
    (2) Assist during a public disaster.
    (3) Save human life.
    (4) Save government property.
    (i) Confiscated property. Pay for losses when:
    (1) A foreign government unjustly confiscates property.
    (2) An unjust change or application of foreign law forces surrender 
or abandonmnet of property.
    (j) Clothing and accessories worn on the person. Pay claims for 
damage to eyeglasses, hearing aids, and dentures the government did not 
supply, when the damage results from actions beyond the normal risks 
associated with daily living and working. Claimants assume the risk of 
normal wear and tear, and their negligence bars payment of the claim.
    (k) Money losses. Pay claims for loss of money when the losses are 
due to theft from quarters, other authorized places, or from the person, 
if the claimant was required to be in the area and could not avoid the 
theft by due care. As a general rule, $200.00 is reasonable to have in 
quarters, and $100.00 is reasonable to have on the person unless:
    (1) The money was in a bona fide coin collection.
    (2) The claimant can justify possession of the money for a PCS move, 
extended TDY, vacation, extensive shopping trip, or similar 
circumstances. The claimant must show a good reason why the money had 
not been deposited in a bank or converted into travelers checks or a 
money order.
    (3) Local commercial facilities are not available or because US 
personnel do not generally use such facilities.