(b) Examples. The following are the principal types of claims payable under §§ 836.90 to 836.101 when the damage or loss of personal property occurs incident to the claimant's service:

(1) Property located at quarters or other authorized places. Claims are payable when property is damaged or lost by fire, flood, hurricane, or other serious occurrence while located at:

(i) Quarters, wherever situated, that are occupied by the claimant, and were assigned to him or otherwise provided in kind by the Government; or

(ii) Quarters outside the continental United States or in Alaska that are occupied by the claimant but were not assigned to him or otherwise provided in kind by the Government. This does not apply when the claimant is a civilian employee who is a local inhabitant.

(iii) Any warehouse, hospital, baggage dump, storeroom or other place (except quarters, but see subdivisions (i) and (ii) of this subparagraph designated by competent authority as suitable for the reception and storage of property.

(2) Transportation losses. Claims are payable when property, including baggage checked or in the claimant's personal custody, is damaged or lost incident to transportation by a common or contract carrier or an agent or agency of the Government, or in a private conveyance, as follows:

(i) When shipped under orders; or (ii) In connection with travel under orders; or

(iii) In connection with travel in performance of military duty with or without troops; or

(iv) In connection with travel on aircraft or in a leave or pass status, on a space-available basis, by members of the Air Force on active military duty (i. e., "hitch-hikers")

(3) Marine or aircraft disaster. Claims are payable when property is damaged or lost in consequence of perils of the sea or hazards connected with the operation of aircraft.

(4) Enemy action or public service. Claims are payable when property damage or loss is the result of enemy action or threat thereof, combat or related activities, belligerent activities or unjust confiscation by a foreign power or its nationals, civil disturbances, public disasters, or action by the claimant in trying

to save Government property or human life.

(5) Money. Claims are payable when commercial facilities are not available or are not normally utilized and personal funds are accepted by responsible personnel with apparent authority to receive them for such purposes as safekeeping, deposit in airman deposit accounts, purchase of United States bonds or postal money order, or conversion into military payment order, Government check or other kind of currency, or other authorized disposition, and such personal funds are neither applied as directed by the owner nor are returned to him.

(6) Motor vehicles and boats. Claims are payable when the following are damaged or lost: Privately owned boats, automobiles, and other motor vehicles, and their component parts (including tools), when shipped to, from, or between oversea areas under change of station orders or on a space-available basis in connection with oversea travel under orders. (This includes storage, on-loading, and off-loading operations.) Under special

or unusual circumstances, damage or loss of component parts (including tools) that have been accepted by the Government for shipment may be recommended to the approving authority for consideration as a transportation loss (see subparagraph (2) of this paragraph).

(7) Theft. Claims are payable when property is stolen, provided the claimant exercised due care in protecting his property, while located at:

(i) Quarters outside the continental United States, but not in Alaska. Quarters may or may not have been assigned or provided in kind by the Government, except when the claimant is a civilian employee who is a local inhabitant;

or

(ii) Any warehouse, hospital, baggage dump, storeroom or other place, designated by competent authority as suitable for reception and/or storage of the property;

(iii) Quarters within the continental United States, including Alaska that were assigned to the claimant or otherwise provided in kind by the Government. However, claims of this nature will be recommended to the approving authority for consideration only where definite proof of a larceny, burglary or housebreaking exists (see § 836.98 (c)

(7)).

§ 836.92 Claims not payable. Claims otherwise within the scope of §§ 836.90 to 836.92 (see § 836.91) are nevertheless not payable under its provisions when the damage or loss of personal property incident to service involves any of the following:

(a) Articles acquired for other persons. Claims are not payable for articles intended directly or indirectly for persons other than the claimant or members of his immediate family. This includes articles acquired at the request of others, and articles to be disposed of as gifts or for sale.

(b) Jewelry. Claims are not payable for small articles of substantial value, when shipped with household goods or as unaccompanied baggage. Such articles, which are usually worn or carried and are easily pilfered, include watches and expensive jewelry, for example, rings, pins, brooches, necklaces, bracelets, and the like. These limitations do not apply to the articles described when the loss is cognizable under § 836.91 (b) (1).

(c) Intangible property. Claims are not payable for choses in action, or evidence thereof, such as bankbooks, checks, promissory notes, stock certificates, bonds, bills of lading, warehouse receipts, baggage checks, insurance policies, money orders, and travelers' checks.

(d) Government property. Claims are not payable for property owned by the United States, including property furnished through the Armed Forces Clothing Monetary Allowance System or through issue.

(e) Enemy property. Claims are not payable for property of civilian employees who are nationals of a country at war with the United States, or of any ally of such enemy country, except where the claimant is determined to be friendly to the United States at the time of the loss.

(f) Losses at quarters. Claims are not payable for losses, including thefts, occurring at quarters occupied by the claimant within the continental United States, excluding Alaska, if such quarters are not assigned to him, or otherwise provided in kind by the Government.

(g) Clothing being worn. Claims for clothing being worn are not payable except under the circumstances described in § 836.91 (b) (3) and (4), or when

clothing is lost in performance of assigned duties. If paragraph (k) of this section applies, claims are not payable under any circumstances.

(h) Losses of subrogees. Claims are not payable for losses of insurers or other subrogees.

(i) Losses recoverable from insurer or carrier. Claims are not payable for losses, or any portion thereof, that are recovered or recoverable from an insurer or carrier (see § 836.96).

(j) Contractual coverage. Claims are not payable for losses, or any portion thereof, that have been recovered or are recoverable pursuant to contract.

(k) Negligence of claimant. Claims are not payable when the damage or loss of personal property was caused in whole or in part by any negligent or wrongful act on the part of the claimant, or his agent or employee while acting within the scope of his employment.

(1) Money. Claims are not payable for United States money or currency, when shipped with household goods or as accompanied or unaccompanied baggage. This includes military payment certificates and money or currency of foreign countries in amounts in excess of reasonable souvenir quantities.

(m) Fees for obtaining estimates of repair. Claims are not payable for fees paid to obtain estimates of repair in conjunction with submitting a claim under §§ 836.90 to 836.101. Exception: Where, in the opinion of the approving authority, the claimant could not obtain an estimate without paying a fee, such fee will be allowed. However, it will be allowed in an amount determined by the approving authority to be reasonable in relation to the value and/or the cost of repairs of the item on which the estimate was made.

(n) Violation of directives. Claims are not payable for items which, according to the evidence, were acquired, possessed, or transported in violation of pertinent directives or regulations of any of the armed services.

claim may be presented not later than 2 years after that cause ceases to exist, or 2 years after the war or armed conflict is terminated, whichever is earlier. For the purposes of §§ 836.90 to 836.101, a claim will be determined to have accrued at such time as the loss or damage is or should have been discovered or ascertained through the exercise of due diligence by the claimant, even though such loss or damage may have happened at a prior time.

or

§ 836.94 Type, quantity, and ownership—(a) Type and quantity. Claims are payable under §§ 836.90 to 836.101 only for such types, quantities, amounts of tangible personal property, including money, as the approving authority shall determine to be reasonable, useful, or proper under the circumstances existing at the time of the loss. In determining what is reasonable, useful, or proper, the approving authority will consider the type and quantity of property involved; the circumstances attending acquisition and use of the property; and whether possession or use by the claimant at time of loss or damage was inciIdent to his service.

(b) Ownership of custody. Claims which are otherwise within the provisions of §§ 836.90 to 836.101 will not be disapproved for the sole reason that the property was not in the possession of the claimant at the time the claim accrued, or because the claimant was not the legal owner of the property in relation to which the claim is made, provided that the property was lawfully under his dominion, custody, or control. For example, property may be the subject of a claim even though borrowed from others.

§ 836.95 Amount of the award—(a) Cost or value. The amount awarded on any item of property will not exceed the cost of the item (either the price paid in cash or property, or the value at the time of acquisition if not acquired by purchase or exchange). The amount payable will be determined by applying the principles of depreciation to the cost price or other base price of property lost or damaged beyond economical repair; and by allowing the cost of repairs where an item is economically repairable, provided such cost of repairs does not exceed the depreciated value of the item.

(b) Depreciation. Depreciation in value of an item is determined by considering the type of article involved, its

cost, condition when lost or damaged beyond economical repair, and the time elapsed between the date of acquisition and the date of accrual of the claim. The Chief, Claims Division, Office of The Judge Advocate General, is authorized to publish from time to time guides for determining estimated life of various classes of items. Such guides will assure Air Force-wide uniformity in applying the principles of depreciation. In applicable cases, the Chief, Claims Division, Office of The Judge Advocate General, will make adjustments in the method of computing the base cost of items on which depreciation will be figured to make allowances for increases in the cost of living index.

(c) Appreciation. There will be no allowance for replacement cost or appreciation in the value of the property.

(d) Expensive articles. Allowance for expensive items, including heirlooms, or for items purchased at unreasonably high prices, will be based on fair and reasonable purchase price for substitute articles of a similar nature. Allowance for the loss or damage of a bona-fide antique will be based on its proved value; however, if the genuineness of the item as an antique cannot be established, the award will be based on the application of the normal principles of depreciation.

(e) Acquisition. Allowance for articles acquired by barter will not exceed the cost of the articles tendered in barter. No reimbursement will be made for articles acquired in black market or other prohibited activities (see § 836.92 (n)).

(f) Maximum allowances. The Chief Claims Division, Office of The Judge Advocate General, is authorized to promulgate from time to time guides for determining the maximum amount allowable for specific articles, and for establishing maximum quantities that will be allowed. In applying such guides, the claimant's standard of living will be considered, as well as his income and social obligations, the size of his family, and his need to have more than the average quantities.

§ 836.96 Demand on carrier or insurer-(a) Carrier-(1) General. In all cases where personal property is damaged or lost while being transported by carrier, the owner-claimant must make a written demand for reimbursement in accordance with provisions of the bill of lading or other contract. He 77

make this demand on the carrier who was in possession of the property when it was lost or damaged. If this carrier is not known or cannot be determined, the claimant must make demand on the last such (delivering) carrier known or believed to have handled the shipment. However, the claimant will make no demand if it is apparent that the estimated weight of the damaged or lost property is such that recovery, if any, would be insignificant, or if it is clearly evident that the damage or loss was caused by faulty packing by Government ployees, or if there is some other cogent reason why a demand would be impracticable. If more than one bill of lading or contract was issued, the claimant must make a separate demand on the last carrier under each. He must make his demand within the period provided in the bill of lading or contract, and within 9 months after the date delivery was made, or should reasonably have been made.

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(2) Action on claim while demand pending. As soon as the base claims officer is notified that the claimant desires to file a claim under §§ 836.90 to 836.101, he should help the claimant initiate his demand on the carrier. The claimant will make his demand on AF Form 1157, "Demand on Carrier." Normally, if the claim is otherwise ready for transmittal to the approving authority, it may be forwarded without further delay and before negotiations with the carrier are concluded. However, if it appears that recovery from the carrier will be made within a reasonable time, forwarding of the claim file may be delayed until negotiations are completed. (In disaster or other unusual cases where the claimant would suffer actual hardship if the file were held at base level for any appreciable period, the file should be forwarded as soon as it is complete, without regard to the status of the demand on the carrier.) If action on the demand is not concluded at the time the file is forwarded, the base claims officer shall be charged with the responsibility of monitoring the demand to its conclusion and notifying the approving authority of the final results. If the claimant makes any carrier recovery after his claim is paid by the United States, he will be advised to endorse the check to the Treasurer of the United States. The check will then be forwarded to the ap

proving authority, along with any pertinent documents from the carrier.

(3) Proration of recovery from carrier. When the amount recovered or recoverable from the carrier is less than the total loss, the approving authority will prorate the amount recovered or recoverable between the amount approved and the amount disapproved as not being payable under §§ 836.92, 836.96 and 836.97.

(b) Insurer-(1) General. In all cases where damaged or lost personal property was insured in whole or in part, the claimant must make written demand on the insurer for reimbursement under the terms and conditions of the insurance coverage. Such demand should be made prior to filing the claim against the Government under §§ 836.90 to 836.101 and within the time limit prescribed by the policy.

(2) Action on claim while demand on insurer pending. Normally, the demand upon the insurer should be concluded before the claim file is forwarded, unless this will unduly delay processing of the claim. The base claims officer has the same responsibility regarding insurance recovery that he has for monitoring carrier recovery when the claim is forwarded before settlement with carrier and forwarding recovery made after claim is forwarded to the approving authority.

(3) Proration of recovery from insurer. When the amount recovered or recoverable from the insurer is less than the total loss, the approving authority will prorate the amount recovered or recoverable between the amount approved and the amount disapproved as not being payable under §§ 836.92, 836.96 and 836.97.

(c) Failure to make demand on carrier or insurer. Paragraphs (a) (1) and (b) (1) of this section describe cases where demand on a carrier or insurer is required. If the claimant fails to make such demand seasonably, or fails to make reasonable efforts to collect the amount recoverable, the amount otherwise payable under §§ 836.90 to 836.101 will be reduced by the maximum that could have been recovered if the claim had been filed

seasonably or diligently prosecuted. However, this requirement may be waived where the circumstances of the claimant's service precluded seasonable filing or diligent prosecution of the claim, or where demand was impracticable.

(d) Transfer and assignment of rights. The claimant will assign to the United States, to the extent of any payment on his claim accepted by him, all his right, title and interest in any claim he may have against any carrier, insurer or other party, arising out of the incident on which the claim against the United States is based. He will also, upon request, furnish such evidence as may be required to enable the United States to enforce the claim. After payment of his claim by the United States, the claimant will, upon receipt of any payment from a carrier, insurer, or other party, pay the proceeds to the United States to the extent of the payment received by him from the United States.

§ 836.97 Claims within provisions of other regulations. The provisions of §§ 836.90 to 836.101 are preemptive of other claims regulations; and claims which, but for this regulation would be within the provisions of §§ 836.11 to 836.24, 836.31 to 836.46, 836.51 to 836.56, 836.61 to 836.77 or 836.141 to 836.148 will be initially investigated and processed under §§ 836.90 to 836.101 and forwarded to the approving authority. The approving authority will determine whether such claims should be settled under other regulations.

§ 836.98 Action by claimant-(a) Claimants. A claim may be presented only by a military member or civilian employee of the Department of the Air Force, or in his name by his authorized agent or legal representative. If the military or civilian person is deceased, the claim may be presented by his survivor, regardless of whether the claim arose before or after the decedent's death. Survivors' claims will be presented in the following order of precedence:

(1) Spouse;

(2) Child or children;

(3) Father or mother, or both; or
(4) Brothers or sisters, or both.

(b) Form of claim. The claim will be submitted by presenting a detailed statement, in triplicate, signed by or on behalf of the claimant, on AF Form 529, "Claim for Personal Property." However, any writing will be received and considered a claim if it makes demand for a definite sum, sets forth the facts and circumstances in detail, and contains substantially the same information required by the claim form.

(c) Evidence to be submitted by claimant. Requirements as to evidence generally are covered in §836.3. However, under the statute, the claim must be substantiated as prescribed by §§ 836.90 to 836.101, which, in the following classes of claims, requires certain specific types of evidence in addition to the actual facts and circumstances attending the loss: (1),

(1) Claim under § 836.91 (b) property located at quarters or other authorized places, a statement indicating. (i) Geographical location;

(ii) Whether quarters were assigned by Government or otherwise provided in kind;

(iii) Whether quarters were regularly occupied by the claimant;

(iv) If claimant is a civilian employee, statement as to whether he is a local inhabitant;

(v) If claimant is a civilian employee, a statement from civilian personnel officer or other competent authority stating that when the claim accrued the claimant was a civilian employee of the Department of the Air Force or of the United States Air Force;

(vi) If property is located at a place other than quarters (see § 836.91 (b) (1) (iii), the geographical location thereof and the name of the authority, if any, who designated the place of storage of the property; and

(vii) Measures taken to protect the property.

(2) Claim under § 836.91 (b) (2), transportation losses, the following evidence. (i) Copy of orders authorizing the travel, transportation, or shipment. If such copies are not obtainable, a certificate explaining their absence, and giving their substance and sufficient facts to establish the travel, transportation, or shipment.

(ii) If transportation or shipment of property was by common or contract carrier or Government agent or agency, the bill of lading, if applicable, and the inventory of property shipped and delivered.

(iii) Copy of demand on carrier or insurer, or both, when required, and the reply, if any (see § 836.97).

(iv) In cases of missing baggage or household effects, a statement indicating action taken by claimant and/or claims