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of staff, chief staff officer, executive officer, or judge advocate shall then by first endorsement to the investigating officer's report, indicate his title and approve the report without qualification or with stated exceptions. In no event will any opinion be expressed to the claimant as to whether his claim will be approved. The endorsement shall express an opinion as to whether the possession of the property by the claimant was reasonable, useful, or proper under the attendant circumstances.

(b) Statement concerning replacement in kind. There shall be included in the first endorsement on the investigating officer's report, and attached to each copy of such report, either a statement that no replacement in kind was made or a list of the items replaced, together with the price of each. This statement may be omitted when replacement in kind is made for all items claimed.

(c) Forwarding of claim. When there has been replacement in kind for all items claimed, the report need not be forwarded beyond the officer authorizing such replacement. In all other cases the investigating officer's report in triplicate, including the original and two copies of the claim plus one copy of each supporting document or paper, shall be forwarded by endorsement to the cognizant adjudicating authority. A list of commands authorized to adjudicate these claims is contained in appendix section A-21(j).1

§ 751.24 Adjudicating authority.

(a) Claims by Navy personnel. (1) The following are authorized to adjudicate and authorize payment to personnel claims up to $15,000:

(i) The Judge Advocate General, (ii) Deputy Judge Advocate General, (iii) Any Assistant Judge Advocate General,

(iv) The Deputy Assistant Judge Advocate General (Claims),

(v) Commandants of Naval Districts and their staff judge advocates,

(vi) Officers in charge of naval legal service offices,

(vii) The Staff Judge Advocate attached to Naval Supply Center, Oak

1Filed as part of original document.

land, and Naval Activities, United Kingdom.

(2) The following are authorized to adjudicate and authorize payment of personnel claims up to $10,000:

The Staff Judge Advocate attached to: (i) Naval Base, Guantanamo; (ii) Naval Base, Roosevelt Roads; (iii) Naval Station, Panama Canal; and

(iv) Headquarters Support Activity, Taipei.

(3) The following are authorized to adjudicate and authorize payment of personnel claims up to $5,000:

(i) Heads of naval legal service branch offices;

(ii) Any judge advocate attached to a naval legal service office when specifically designated by the officer in charge;

(iii) The Staff Judge Advocate attached to Naval Supply Center, Puget Sound;

(4) All Navy judge advocates are hereby designated and authorized to adjudicate and authorize payment of personnel claims up to $1,000;

(5) Any Navy judge advocate may be authorized to adjudicate personnel claims up to $15,000 when specifically designated by the Judge Advocate General;

(6) Any naval officer, when personally designated by the Judge Advocate General, is authorized to adjudicate and authorize payment of personnel claims up to $500; and

(7) Authorization to adjudicate and authorize payment of personnel claims up to a specific dollar amount is indicated supra, or by separate correspondence from the Judge Advocate General. Authorization to adjudicate claims up to a specific dollar amount is separate and distinct from holding an allotment. Exercise of adjudicating authority is conditioned upon receipt of funding authority and accounting data from the Judge Advocate General. Commands holding allotments from the Judge Advocate General are indicated in § 751.30. Suballotees are not listed.

(b) Claims by Marine Corps personnel. Claims by Marine Corps personnel, both military and civilian, are ad

judicated and payment authorized by only the following:

(1) Commandant of the Marine Corps;

(2) Deputy Chief of Staff for Manpower;

(3) Director, Personnel Services Division;

(4) Head, Personal Affairs Branch, Personnel Services Division;

(5) Head, Claims Section Personal; Affairs Branch; and

(6) Deputy Head, Claims Section, Personal Affairs Branch.

(c) Claims by nonappropriated-fund employees. Claims by employees of Navy nonappropriated-fund activities for loss, damage or destruction of personal property incident to their employment will be processed and adjudicated in accordance with this part and forwarded to the appropriate nonappropriated-fund activity for payment from nonappropriated funds. Claims by employees of Marine Corps nonappropriated-fund activities should be referred directly to the appropriate nonappropriated-fund activity for investigation and payment.

(d) Partial payments when hardship exists. Every instance of loss or damage cognizable under this chapter can be expected to cause some degrees of inconvenience to the claimant and/ or his family. When the magnitude of the loss or damage is such that the claimant needs funds to feed, clothe or house himself or his family properly, the adjudicating authority may authorize a partial payment of an appropriate amount, normally one-half of the estimated total payment. Each authorization of partial payment must be accompanied by:

(1) A statement signed by the claimant requesting advance payment and setting forth in detail the circumstances of the loss or damage, the extent of the loss or damage, the estimated total value of his claim, his awareness that any amount advanced will be in partial payment of his claim and will not constitute a final settlement of the claim, an agreement to pay checkage if the amount advanced exceeds the amount allowed following final adjudication by the appropriate adjudicating authority, and a statement that he is aware of the penalties

imposed by Title 18 section 287 of the United States Code for willfully making a false claim. The claimant may present his statement on a Personal Claim form (DD Form 1842 with DD Form 1845 attached) for the purpose of compliance with this requirement.

(2) A statement by the Claims Investigating Officer confirming that the claimant is a proper claimant under the provisions of this part and setting forth his opinion regarding the reasonablenes of the estimated total value of the claim, the extent to which the claim has been substantiated, the amount and type of additional substantiation necessary before investigation of the claim can be completed, and any other information relevant to the hardship of the claimant or his family.

(3) A statement by the adjudicating authority certifying that the claim is cognizable under the provisions of this part and that the final adjudicated value of the claim is expected to exceed the amount of the partial payment authorized in accordance with the terms of this subparagraph. When a partial payment has been made, a copy of the payment voucher and all other information related to the partial payment will be placed in the claimant's claim file and other necessary action will be taken to ensure that the amount of the partial payment is deducted from the adjudicated value of the claim when final payment is made.

(e) Replacement in kind. Officers in the grade of lieutenant commander, major, or higher who are commanding officers, or who are in higher echelons of command, including the officers specified in paragraph (a) of this section, or who are Senior Officers Present, are hereby designated and authorized to consider, ascertain, adjust, and determine the respective claims of Navy or Marine Corps enlisted personnel for replacement in kind filed under this chapter. Marine Corps officers below the grade of major, where such officers are in command of separate companies, batteries, squadrons, detachments, ports, or stations, are hereby designated and authorized to consider, ascertain, adjust, and deter

mine claims of enlisted personnel for replacement in kind filed under this chapter. Replacement in kind authority may also be exercised by such other officers as may be specifically designated by the Secretary of the Navy. Accounting data for replacement of uniform items is specified in Navy Comptroller Manual section 023304 paragraph 3. Where replacement in kind is not possible because of the transfer of functions from the local Retail Clothing Store (small stores) to the Navy Exchange, normal claims procedures should be followed.

(f) Payments and collections. Payment of approved personnel claims and deposit of checks received from carriers, contractors, insurers, or members will be made by the Navy or Marine Corps disbursing officer serving the adjudicating authority. Payments will be charged to funds made available to the adjudicating authority for this purpose. Credit for collections will be to the accounting data specified in Navy Comptroller Manual section 046370, paragraph 2.

[38 FR 6040, Mar. 6, 1973, as amended at 39 FR 22422, June 24, 1974; 43 FR 25427, June 13, 1978]

§ 751.25 Limitation on agent or attorney fees.

(a) Controlling statute. The Military Personnel and Civilian Employees' Claims Act of 1964, as amended (31 U.S.C. 240-243), the statutory authority underlying this part, provides in section 243 that:

No more than 10 per centum of the amount paid in settlement of each individual claim submitted and settled under the authority of sections 240-243 of this title shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of sections 240-243 of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

(b) Federal tort claims distinguished. The above-quoted provision which does not require that an attorney's fees be fixed in, and be made a part of, the award adjudicating the claim, is different from an otherwise similar

provision concerning certain Federal tort claims as described in § 751.39.

(c) Other prohibition. The provisions concerning an attorney's fee set forth in (a) above does not authorize a fee in those cases where a fee is prohibited for other reasons (see SECNAVINST 5801.1B, Legal assistance program, paragraph 15).

§ 751.26 Separation from service.

Separation from the service or termination of employment shall not bar military personnel or civilian employees from filing claims or bar the authority of the designated officers from considering, ascertaining, adjusting, determining, and authorizing payment of claims otherwise failing within the provisions of these regulations when such claim accrued prior to separation or termination.

§ 751.27 Meritorious claims not otherwise provided for.

Meritorious claims within the scope of the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (31 U.S.C. 240-243) which are not otherwise provided for in this chapter, may be forwarded via official channels to the Secretary of the Navy (Judge Advocate General) for consideration. Exceptional meritorious cases may be approved for payment by the Secretary of the Navy or by the Judge Advocate General.

§ 751.28 Reconsideration.

(a) A claim may be reconsidered which was previously disapproved in whole or in part even though final settlement has been made when it appears that the original action was erroneous or incorrect in law or in fact based on the evidence of record at the time of the action or subsequently submitted. A request for reconsideration shall be made in writing to the adjudicating authority originally acting on the claim and should include all documents which have been returned to the claimant. All requests for reconsideration shall be made within 6 months from the date the claimant received notice of the initial adjudication of his claim. Any adjudicating authority shall reconsider a

claim upon which he has originally acted upon the request of a claimant or someone acting in the claimant's behalf and may settle it by granting such relief as may be warranted. If it is determined that the original action was incorrect, it shall be modified and, if appropriate, a supplemental payment shall be approved. An adjudicating authority may also, on his own initiative, reconsider a claim which he has denied in whole or in part.

(b) If an adjudicating authority does not grant the relief requested, or otherwise resolve the claim to the satisfaction of the claimant, the request for reconsideration shall be forwarded, together with the entire file and the adjudicating authority's recommendation, to the nearest appropriate $15,000 adjudicating authority for final disposition. Final reconsideration of claims initially adjudicated by $15,000 adjudicating authorities will be made by the Judge Advocate General.

(c) The forwarding endorsement of all adjudicating authorities shall contain specific reasons why the claim, in whole or in part, was denied, or why the requested relief was not granted, and shall address the specific points or complaints raised by the claimant's request for reconsideration.

[38 FR 6040, Mar. 6, 1973, as amended at 39 FR 22422, June 24, 1974; 43 FR 25427, June 13, 1978]

§ 751.29 Authorization for issuance of in

structions.

The Judge Advocate General of the Navy may issue such amplifying instruction or guidance as may be considered appropriate to give full force and effect to the purposes of this part. § 751.30 List of commands that have received funding authority and accounting data from the Judge Advocate General.

The following is a list of commands (allottees) that have received funding authority and accounting data from the Judge Advocate General. There are personnel attached who have adjudicating authority and are capable of processing claims filed pursuant to 31 U.S.C. 240-243 (see § 751.24), or in the alternative, claims are adjudicated by

personnel attached to another command, and in some instances adjudication is accomplished through a suballotment. Suballottees are not listed. The commands listed in this section are grouped for simplicity by the dollar amount adjudicating authority of personnel. The listing contained in this section does not constitute adjudicating authority. Adjudicating authority by dollar amount is contained in § 751.24(a).

(a) $15,000 Authorities.

1. NAVLEGSVCOFF Philadelphia 2. NAVLEGSVCOFF Norfolk 3. NAVLEGSVCOFF Charleston 4. NAVLEGSVCOFF Great Lakes 5. NAVLEGSVCOFF San Diego 6. NAVLEGSVCOFF Treasure Island 7. NAVLEGSVCOFF Seattle 8. NAVLEGSVCOFF Pearl Harbor 9. NAVLEGSVCOFF Newport 10. NAVLEGSVCOFF Memphis 11. NAVLEGSVCOFF Corpus Christi 12. NAVLEGSVCOFF Washington Navy

Yard

13. NAVLEGSVCOFF Pensacola
14. NAVLEGSVCOFF Jacksonville
15. NAVLEGSVCOFF Naples
16. NAVLEGSVCOFF Subic
17. NAVLEGSVCOFF Guam
18. NAVLEGSVCOFF Yokosuka
19. COMEIGHT

20. COMNAVACT United Kingdom
21. NSC Oakland

(b) $10,000 Authorities.

22. NAVSTA Panama Canal
23. NAVBASE Roosevelt Roads
24. COMNAVBASE GTMO
25. HEDSUPPACT Taipei

(c) $5,000 Authorities.

26. NAVLEGSVBROFF New London 27. NAVLEGSVBROFF Key West 28. NAVLEGSVBROFF Orlando 29. NAVLEGSVBROFF Whidbey Island 30. NAVLEGSVBROFF Lemoore 31. NAVLEGSVBROFF Rota 32. NSC Puget Sound

(d) $1,000 Authorities.

33. NSC Charleston

34. NAS Kingsville

35. NAS Chase Field, Beeville

36. NAS Pensacola
37. NAS Brunswick
38. NAS Bermuda
39. NAS Meridian
40. NAF Sigonella
41. NAF Atsugi
42. NAVSTA Mayport
43. NAVSTA Adak

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of the Navy, or damage caused by a maritime tort committed by an agent or employee of the Navy, and affirmative claims by the United States for damage caused by a vessel or floating object to Navy property.

§ 752.2 Organization.

(a) Administrative authority of the Secretary of the Navy. The Secretary of the Navy has administrative authority for settlement and direct payment, where the amount paid does not exceed $1,000,000 and where the matter is not in litigation, of claims for damage caused by naval vessels or by other property under the jurisdiction of the Navy, or damage caused by a maritime tort committed by an agent or employee of the Navy, and for towage or salvage services rendered to naval vessels (10 U.S.C. 7622 (1970)). The Secretary also has authority to settle affirmative admiralty claims for damage caused by a vessel or floating object to property under the jurisdiction of the Navy (10 U.S.C. 7623 (1970)).

(b) Admiralty Division of the Office of the Judge Advocate General. The Navy's admiralty-tort claims are handled in the Admiralty Division of the Office of the Judge Advocate General. In addition, there are stationed in several district law centers, and in certain other commands, judge advocates who are also trained admiralty officers, and they act locally in admiralty matters.

(c) Mission and policy. The primary mission of the Admiralty Division is to effect prompt and equitable settlements of admiralty claims, both against and in favor of the United States. The settlement procedure has evolved to eliminate the expenses and delays arising out of litigation and to obtain results advantageous to the financial interests of the United States. Where settlements cannot be made, litigation ensues in the Federal Courts. The final test of whether a settlement is justified is the probable result of litigation. Settlements are therefore considered and determined by the probable results of litigation. The policy of the Navy is to effect fair and prompt settlements of admiralty claims wherever legal liability exists.

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