Rule 2-Persons having personal responsibility will be charged for any loss caused by their simple negligence, gross negligence or willful misconduct. (Army Regulation 735-11, paragraph 4-18c).

Rule 3-Persons may be charged for loss of property not in their personal custody or under their supervisory control (personal or supervisory responsibility) where such loss was occasioned by their willful misconduct or gross negligence. (Army Regulation 735-11, paragraph 4-18c).

Rule 4-Persons who occupy assigned Government quarters, or have been issued Government property for use in family quarters, will be charged, except for loss resulting from fair wear and tear or Act of God, with any loss of such property or to such quarters due to the occupant's gross neligence, including those instances where the loss is related to an act of a member of his household or other individual. (Army Regulation 735-11, paragraph 4–18d).

In simple terms, willful damage to Army property will result in a finding of liability in any case. Otherwise, simple negligence suffices under Rule 2 but gross negligence is required under Rules 1, 3, and 4.

The respective applications of Rules 1 and 2 are defined in terms of "supervisory" and "personal" responsibility for property, which is the degree of obligation of an individual with respect to the proper custody, care, and safekeeping of Government property, entrusted to his possession or his supervision. It is not an accounting concept, but rather refers to a relationship with the physical item itself. "Supervisory” and “personal" responsibility in this context are words of art.

Together, the two terms embrace all property within an Army member's or employee's control or supervision while he is acting within the scope of his employment. He has supervisory responsibility over that portion of it as to which he does not have personal responsibility. "Personal responsibility" extends with limited exceptions only to property one has wrongfully converted to his own use without authority or to his arms and equipment held for exclusive personal use. (Army Regulation 735-11, paragraph 1-8ac(1)). This latter facet of personal responsibility is meaningful only when the definitions of "arms" and "equipment" are added. "Arms" means only individual weapons and the ammunition used therein. (Army Regula- 735-11, paragraph 1–8ak(1)). For this purpose, the word "equipment" is used in a very limited sense: it means items designed for personal use or individual performance of duty and normally stored with the personal effects of, or worn or carried on, the person. (Army Regulation 735-11, paragraph 1-81). Not included are such items as motor vehicles and typewriters. "Supervisory responsibility," on the other hand, is the relationship of an individual to property under his control or supervision for which he does not have "personal responsibility," e.g., a vehcile or crew-served weapon. (Army Regulation 735-11, paragraph 1—ac(2)).

Rule 3 is the comprehensive grounds of liability applicable when the

individual damaging Army property has no relationship of responsibility or duty of custody with respect to the property damaged or lost. Typical instances are collisons between privately owned and Government vehicles, or abuse and damage to Government property due to horseplay. The law has long recognized that conduct by one not responsible for property could subject him to liability for its damage or loss.

Rule 4 represents a policy of separate treatment for quarters and quarters furniture without requiring these to be fitted into the property responsibility categories discussed above, which are pertinent to property used in performance of duty.

PERSONAL PROPERTY CLAIMS

General-One of the benefits provided by Congress for members of the military services arises under the Military Personnel and Civilian Employees Claims Act of 1964, which provides certain limited compensation for loss of or damage to personal property when the loss occurs incident to military service. "Incident to service" claims may arise, for example, as the result of loss of or damage to personal property during authorized Government shipping or storage, or as the result of certain types of losses in assigned Government quarters in the United States, or in Government provided or privately rented quarters outside the United States. Also covered under the Act are certain types of losses due to marine or aircraft disaster, enemy action or public service, money losses, loss or damage to motor vehicles, and others.

Scope of the Act-Generally speaking, the Act, as implemented by Chapter 11 of Army Regulation 27-20, allows compensation for damaged tangible, personal property in the amount of the cost of repairs, if economical, and for lost or destroyed property in the amount of the replacement cost less depreciation. The United States Army Claims Service establishes the rates of depreciation for most common items. The Government does not, however, undertake to compensate for all loss or damage to personal property. First of all, the maximum amount that can be paid under the Act is $15,000.00 and maximum amounts are set in particular classes of items. Further, in addition to the provisions that the loss must have occurred under circumstances incident to service, the Act also provides that compensation may be allowed only for the loss of or damage to property the possession of which is determined to have been "reasonable, useful, or proper under the circumstances." For example, the possession of certain items in a combat zone generally might not be considered reasonable, useful, or proper, while possession of the same items under other circumstances would be. Even when their presence would, however, be reasonable, useful, or proper, the possession of a large number of the same items might not be so considered and, if all were lost or damaged, compensation might be limited to a reasonable number. Further, if someone possesses items of extraordinary

value or items purchased at unreasonably high prices, he normally will be paid only for the reasonable value of substitute articles of a similar type. The Act does not provide compensation for intangible property (stock certificates, insurance policies or bank books) or prohibited property (war trophies) lost or damaged.

Contributory Negligence-Compensation is not permitted in those cases where the claimant's negligence or that of his agent or servant, such as shipping small items of substantial value with ordinary household goods or leaving quarters unsecured, contributed in whole or part to the loss. Therefore, all reasonable precautions for the protection of property from those risks which are foreseable under the attendant circumstances must be taken. If a person resides in an area which has a high rate of theft, he must take greater care to safeguard his property than would normally be required in other areas. The same principle applies to value: the more expensive the item, the greater the care that is necessary for its protection.

Shipment of Household Goods-Although a variety of personal property losses are cognizable under the Military Personnel and Civilian Employees Claims Act, the vast majority of such claims arise from the Government sponsored shipment of household goods incident to permanent changes of station. This is true even though the percentage of shipments in which losses occur is relatively small. Many people have some small items of substantial value, such as expensive cameras, watches, furs, jewelry, small antiques or heirlooms, or similar objects. Loss of items of this nature having a value in excess of $50.00 will not be compensated unless the claimant made an itemized declaration of such items to the appropriate transportation officer prior to shipment. It may be advisable to purchase additional insurance to protect property, particularly in view of the limitations on the amounts allowable by the Government for the loss of certain items, and in view of the carrier's limited liability. Available on interstate shipments at small extra cost is a special form of transportation insurance, which may be obtained by declaring a greater per pound value on the shipment.

1. What should be the goals in government procurement? Best product? Cheapest product? Buy American products only? Insure an equal geographical distribution of government contracts? Encourage "defense oriented" contractors by favoring them with contracts?

2. A legal standard of "reasonable, useful, or proper under the circumstances" was mentioned in the section on personal property claims. In your opinion, which of the following meet this standard and why? A sergeant loses 15 tailored suits in a shipment from overseas to Port Alpha; a lieutenant colonel loses the same items. A lieutenant purchases a $1000 stereo rig in the PX in the combat zone which is later blown up in a mortar attack. The millionaire private has his $15,000 sports car

CHAPTER 9

PERSONAL AFFAIRS LAW

INTRODUCTION

This chapter provides an introduction to another important facet of military law-the law of personal affairs. The specific legal points and cases discussed in this chapter are illustrative of the many legal problems that comprise a serviceman's personal affairs. The areas selected represent some, but not all, of the types of legal problems that a newly commissioned officer may encounter in providing quality leadership for his troops.

“Personal Affairs" are the many things affecting the welfare and private lives of people, present and future. The term includes the status and management of an individual's affairs for improving the well-being of himself and his dependents. Important among the things affecting the personal affairs of military personnel are the rights, benefits, and privileges afforded them in the military service.

Army assignments often times require service far from home and in places where communication is difficult and facilities for attending to personal affairs are limited. By attending to personal affairs when it is convenient to do so, one has "peace of mind" and provides maximum protection and security for himself and his dependents for the future.

A good personal affairs program will minimize a soldier's fears and problems and increase his performance effectiveness. A soldier can do his best only when he does not have to worry about legal problems and knows that his dependents are safe from danger and financial insecurity. Experience has shown that well-trained men with low morale cannot win battles or accomplish a mission as well as well-trained men with high morale. A major contributor to high morale is the "peace of mind" which results from keeping one's personal affairs in order.

Death is a known but often unexpected event. By planning for the unexpected, one is in effect planning for the future of his loved ones. Besides providing for the security of their future, proper planning can also make their transition under difficult and trying circumstances easier. Some examples of what can happen because of the lack of attention to personal affairs are

a. Proceeds of insurance policies paid to persons other than those intended because notification of changes in beneficiaries was not made.