Claims Functions
Story by: Legal Administrator Parry S. Preuc
OSJA
The Claims Division processes three broad categories of claims :
1. Personnel Claims - Claims filed by Soldiers, DA civilians, and other military personnel for loss and damage of personal property occurring incident to service. These include claims for damage to household goods during a PCS move and for other defined circumstances (fire, theft, flood, vandalism or unusual occurrence). Carrier Recovery actions are taken to recovers on the behalf of the U.S. Army the cost of personal property losses paid to claimants as the result of household good and vehicle moves.
2. Article 139 claims - Any individual can file an Article 139 (UCMJ) claim against any Soldier who is suspected of wrongfully taking or willfully damaging personal property.
3. Tort Claims - Claims against the U.S. for personal injury, death, or property damage caused by the negligence of Army personnel acting in the scope of employment or occurring incident to the noncombat operations of the armed services.
4. Affirmative Claims - Affirmative Claims are initiated to recover the cost of medical care provided by Military Medical Treatment Facilities and under TRICARE against responsible third parties pursuant to the Federal Medical Care Recovery Act and against other payers, such as the injured party's auto insurance no fault medical coverage. The section also recovers the cost of property damage or loss to U.S. Government property from responsible third parties.