[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: 32CFR842.32]

[Page 97-98]
 
                        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. 842.32  Claims not payable.

    A claim is not payable if:
    (a) It is not incident to the claimant's service.
    (b) The loss or damage is caused in whole or in part by the 
negligence or wrongful act of the claimant, the claimant's spouse, 
agent, or employee.
    (c) It is a subrogation or assigned claim.
    (d) The loss is recovered or recoverable from an insurer or other 
source. When a loss is recovered or is recoverable:
    (1) The amount payable by insurance should be deducted if an insurer 
denied a claim because a claimant failed to report the loss or to file a 
timely claim under the policy. The claim should be

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paid if the settlement authority determines the claimant had good cause 
for not filing with the insurer, or
    (2) The amount which the Air Force cannot recover from a carrier 
because the claimant failed to give timely notice of loss or damage 
should be subtracted from the settlement unless the claimant shows good 
cause for failure to give notice.
    (e) It is intangible property including bank books, promissory 
notes, stock certificates, bonds, baggage checks, insurance policies, 
checks, money orders, travelers checks and credit cards.
    (f) It is government property, including issued clothing items 
carried on an individual issue supply account. (Clothing not carried on 
an individual issue supply account which is stolen or clothing lost or 
damaged in transit may be considered as a payable item when claimed.)
    (g) It is enemy property.
    (h) It is a loss within the United States at offbase quarters the 
government did not provide.
    (i) It is damage to real property.
    (j) It is an appraisal fee, unless the settlement authority requires 
one to adjudicate the claim. HQ USAF/JACC must authorize payment for an 
appraisal fee of more than $100.
    (k) It is property acquired or shipped for persons other than the 
claimant or the claimant's immediate family; however, a claim for 
property acquired for bona fide gifts may be paid.
    (l) It is an article held for sale, resale, or used primarily in a 
private business.
    (m) It is an item acquired, possessed, shipped, or stored in 
violation of any U.S. Armed Force directive or regulation. This includes 
an automobile for which a member fails to comply with base registration 
or insurance regulations. A claim must not be paid if one or more of 
these factors exist:
    (1) The loss was the type the regulation or directive intended to 
prevent.
    (2) The violation was willful or in defiance of authority, rather 
than minor or technical in nature.
    (3) The violation either undermined discipline or adversely affected 
command welfare.
    (n) It is an item fraudulently claimed. Deny payment for an item 
when investigation shows the claimant has intentionally falsified the 
value, condition, extent of damage, or repair cost of it. The claim file 
must show clear intent to defraud. A mere mistake is not a fraud.
    (o) It is for charges for labor performed by the owner or immediate 
family member.
    (p) It is for financial loss due to changed or cancelled orders.
    (q) It is for expenses of enroute repair of a mobile or manufactured 
home.
    (r) It is a loss of use of personal property.
    (s) It is an attorney or agent fee.
    (t) It is the cost of preparing a claim, other than estimate fees.
    (u) It is an inconvenience expense, such as food, lodging, and 
transportation costs due to delay in delivery of household goods or 
travel to port to deliver or pick up a vehicle.
    (v) It is a loss of, or damage to POV driven during PCS.
    (w) It is a personal property insurance premium.
    (x) It is a claim for a thesis or other similar papers, except for 
the cost of materials.
    (y) It is damage to, or loss of a rental vehicle which TDY or PCS 
orders authorized. These claims may be payable through Accounting and 
Finance as a travel expense.
    (z) It is a cost to relocate a telephone or mobile or manufactured 
home due to a government ordered quarters move. The member submits such 
claims to the commander directing the move for payment from other 
Operation and Maintenance (O&M) funds.
    (aa) It is for damage to or loss of property stored at the owner's 
expense unless the claimant's duty made storage necessary.
    (bb) It is for damage to clothing and accessories caused by routine 
wrinkles.
    (cc) It is hit-and-run damage to POVs.
    (dd) It is for damage to clothing and accessories caused by contact 
with office furniture or getting in or out of a government vehicle 
unless the damage was caused by an unknown defect.