ployees for damage to or loss or destruction of property not incident to their service are payable under the provisions of these regulations, on the same basis as are claims of persons not military personnel or civilian employees of the Coast Guard. Claims for medical, hospital and burial expenses on account of injury or death of military personnel or civilian employees of the Coast Guard if not within the provisions of other statutes or regulations, are payable under the provisions of this part on the same basis as are claims of persons not military personnel or civilian employees of the Coast Guard.

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§ 15.14 Medical expenses—(a) cluded. Items properly allowable include, if reasonably necessary, reasonable in amount, and actually incurred: (1) Transportation by ambulance or otherwise, from the scene of the accident or incident to a physician or hospital, and to and from residence to physicians or hospitals, for examination or treatment; (2) services performed by physicians, surgeons, dentists, laboratory technicians, anesthetists, masseurs, and registered and practical nurses; (3) physiotherapy; (4) X-ray and roentgenological examination and treatment; (5) laboratory tests; (6) medicines; (7) other reasonably necessary medical expenses.

(b) Excluded. No amount may be allowed, as an item of claim, for medical services furnished at the expense of the United States.

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§ 15.15 Hospital expenses—(a) cluded. Items properly allowable include, if reasonably necessary, reasonable in amount, and actually incurred; (1) Use of emergency and surgical rooms; (2) room and board; (3) anesthetics, medicines, laboratory fees, and dressings; (4) payments to blood donors; (5) other reasonably necessary hospital expenses.

(b) Excluded. No amount may be allowed, as an item of claim, for hospital services furnished at the expense of the United States.

§ 15.16 Burial expenses-(a) Included. Items properly allowable include, if reasonable in amount and actually incurred: (1) Undertaker's services; (2) casket; (3) transportation; (4) cemetery lot; (5) services of a minister, priest, or rabbi; (6) interment or cremation; (7) other reasonably necessary burial and funeral expenses.

(b) Excluded. No amount may be allowed, as an item of the claim, for any portion of the expense of burial otherwise paid by the United States.

§ 15.17 Statute of limitations. Claims must be presented in writing within one year after the occurrence of the accident or incident out of which the claim arises, except that if the accident or incident occurs in time of war, or if war intervenes within one year after its occurrence, a claim may, if good cause for the delay is shown, be presented within one year after peace is established. (See § 15.1 (c)).

§ 15.18 Claims for subrogees-(a) Settlement to be only in name of insured. Settlement will be made solely with the insured, rather than the insurer or with both the insured and insurer, in cases of damage, loss, destruction, injury, or death covered by insurance. No inquiry will be made into, nor determination made of, the relative interests as between insured and insurer. The entire claim, including any portion thereof insured against, will be filed by or on behalf of the insured and payment of the entire amount approved will be made in the name of the insured. Evidence of authority to file a claim on behalf of the insured may be established by a power of attorney, insurance policy provision, or other documentary evidence satisfactory to the approving authority. The foregoing provisions will be equally applicable in cases of subrogation based other than on insurance.

(b) Excluded. Claims by subrogees in their own right are not within the scope of this part and will not be considered.

(c) Claims accruing prior to March 20, 1946. The provisions of paragraphs (a) and (b) of this section are, however, inapplicable to claims growing out of accidents or incidents which occurred prior to March 20, 1946.

§ 15.19 Approval of claims. (a) Subject to appeal to the Secretary of the Treasury, claims under the provisions of

these regulations may be approved or disapproved by the Commandant, Assistant Commandant, or the Chief Counsel, U. S. Coast Guard. These claims when approved as aforesaid will be forwarded to the appropriate authorized certifying officer for certification as provided in Chapter XVI, Pay and Supply Instructions, U. S. Coast Guard.

(b) Prior to the payment of any approved claim within the provisions of this part, each of the following conditions must be fulfilled:

(1) The amount of the damage, loss, or destruction, or the amount payable on account of personal injury or death, must be determined.

(2) The amount approved to be paid must not exceed $500 ($1,000 in time of war).

(3) The claim must have been presented within one (1) year after the occurrence of the accident or incident out of which the claim arises except as provided in § 15.17.

(4) The claimant must accept, in full satisfaction and final settlement, the amount approved, if less than the full amount claimed.

§ 15.20 Claims in excess of $500. Claims in excess of $500 ($1,000 in time of war) if otherwise within the scope of this part may be reported by the Secretary of the Treasury to Congress for its consideration. Any claim which is asserted in an amount in excess of $500 ($1,000 in time of war) will be forwarded promptly with the related file, and with comments and recommendations, by or through the office of the cognizant District Commander to the Commandant for appropriate action, except in the case of independent activities, where the claim will be forwarded directly to the Commandant. To the extent that the claim is for damage to or loss or destruction of property, or for reasonable medical, hospital, or burial expenses actually incurred, within the provisions of these regulations, except as the aggregate amount exceeds $500 ($1,000 in time of war), such action may include the reporting of the claim in a deficiency bill for consideration by Congress without the necessity of the claimant's initiating private relief legislation. Elements of such a claim to compensate for loss of wages, pain and suffering, permanent disability, and death not being

within the scope of these regulations will not be included in any claim so reported, and no private relief legislation therefor will be sponsored by the Treasury.

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§ 15.21 Government immunity. cept when the claim arises under a contract or is otherwise specifically permitted by statute, no person may have a legally enforceable claim against the United States for property damage or personal injury arising out of the activities of the Coast Guard. Accordingly, unless the claim falls within the scope of this part or arises under contract, the claimant has no recourse against the government except through the enactment of private relief legislation by the Congress, which legislation the Treasury Department does not sponsor except in cases set forth in § 15.20.

§ 15.22 Action by claim a n t—(a) Claims for damage, loss or destruction of property. Claims for damage to or loss or destruction of property may be presented by the owner of the property or his duty authorized agent or legal representative. The word "owner", as so used, includes charterers, bailees, lessees, mortgagors, and conditional vendees, but does not include mortgagees, conditional vendors, and others having title for purpose of security only. The claim, if filed by an agent or legal representative, should show the title or capacity of the person signing and be accompanied by evidence of the appointment of such person as agent, executor, administrator, guardian, or other fiduciary.

(b) Claims for personal injury or death. Claims for personal injury or death may be presented by the injured person or his duly authorized agent or legal representative. Claims for medical, hospital and burial expenses, not presented by the injured person or his duly authorized agent or legal representative, may, if it appears that no legal representative has been appointed, be presented by any person who, by reason of family relationship, has in fact incurred the expenses for which claim is made.

(c) Form of claim. Claims should be submitted by presenting in triplicate a statement in writing stating the claimant's address and setting forth the amount of the claim and, so far as possible, the detailed facts and circumstances surrounding the accident or incident, indicating the date and place, the property and persons involved, the nature and ex

tent of the damage, loss, destruction or injury, and the agency which was the cause or occasion thereof. Form, CG2880 will be used whenever practicable.

(d) Prior claims. Claimants, whose claims arose prior to March 20, 1946, who, prior to this part, submitted claims on Standard Form 28 or in any other approved manner will not be required to resubmit their claims.

(e) Evidence to be submitted by claimant (1) General. The amount claimed for damage to or loss or destruction of property or for personal injury or death should be substantiated by competent evidence. All statements or estimates required to be submitted by the following subparagraphs should, if possible, be by disinterested competent witnesses, preferably reputable dealers or officials familiar with the type of property damaged. Such statements and estimates should be certified as just and correct and if payment has been made, itemized receipts evidencing such payment should be included.

(2) Damage to personal property. In support of claims for damage to personal property which has been or can be economically repaired, the claimant should submit an itemized signed statement or estimate of the cost of repairs; if not economically reparable, or if the property is lost or destroyed, the value thereof at the time of loss or destruction, should be stated.

(3) Damage to real property. In support of claims for damage to land, trees, buildings, fences and other improvements, and similar property, the claimant should submit an itemized signed statement of estimate of the cost of repairs; if not economically reparable, the value both before and after the accident, of the land damaged, or of the improvement or other property if it can be readily and fairly valued apart from the land, should be stated.

(4) Damage to crops. In support of claims for damage to crops, the claimant should submit an itemized signed statement showing the number of acres, or other unit measure, of the crops damaged, the normal yield per unit, the gross amount which would have been realized from such normal yield and an estimate of the further costs of cultivation, harvesting and marketing; if the crop is one which need not be planted each year, the diminution in value of the land beyond

the damage to the current years crop should also be stated.

(5) Damage to registered or insured mail. In the case of claims for damage to or loss or destruction of registered or insured mail, the claimant should in addition submit, where possible, the registration or insurance receipt, or an attested copy thereof, showing the amount of fee and postage paid.

(6) Marine casualty damage. In support of claims for damage to or destruction of marine property which has been or can be repaired or replaced, the claimant must submit an itemized statement or estimate of the cost of repairs or replacement, supported by an appraisal or survey report of disinterested, competent persons familiar with the subject matter.

If the property is so severely damaged that it is not susceptible of being repaired, its value as of the time of the accident must be stated and established by competent evidence. Whenever a claim includes a charge for detention or loss of earnings during repairs of damage to a vessel, the claimant must support such item with a statement as to:

(i) The date when the vessel was disabled.

(ii) The name and location of the repair yard.

(ii) The date when repairs were commenced.

(iv) The date when repairs were completed.

(v) Whether or not while undergoing collision repairs, any other work for the owner's account was performed, and if so, the cost and character thereof and the time required for performance.

(vi) The date on which the vessel was returned to service after completion of repairs.

(vii) Place where the vessel was put into service after completion of repairs.

(viii) An explanation of any delay between the date repairs were completed and the date the vessel was returned to service.

(ix) Whether or not during the course of undergoing collision repairs the vessel could have been employed, and an explanation submitted showing the identity of the person who offered to give such employment; the terms of the offer; time of prospective service and rate of compensation.

and (c) of this section are received by the Commandant he will forward the same for action to the Commanding Officer of the Coast Guard activity whom he desires to take administrative cognizance as provided in § 15.25.

§ 15.24 Investigating officers-(a) Appointment. The Commanding Officer of each Coast Guard activity will designate a qualified individual of his command, if practicable one experienced in the conduct of investigations and preferably with legal training, as the investigating officer of the activity. Wherever necessary, in the discretion of the Commanding Officer, additional or assistant investigating officers may be appointed, each with all and the same powers as the investigating officer except that all assistant investigating officers will be under the general supervision of the investigating officer.

(b) Duties. The investigation of an accident or incident by the investigating officer will cover all phases of such accident or incident and its future bearing on the interests of the service, including possible claims against or in favor of the Government.

(c) Priority over other duties. Whenever an investigating officer is engaged in an investigation, this duty will ordinarily have priority over other duties or assignments to which he has been assigned to insure prompt investigation while witnesses are available and before damage is repaired.

§ 15.25 Boards of Investigation. (a) Except as provided in paragraph (b) of this section, Commanding Officers of Coast Guard activities will be required upon receipt of a report required by § 15.23 or upon submission of a claim, to determine whether the facts in each case require the convening of a board of investigation as prescribed in Article 900, Coast Guard Courts and Boards, 1935, or an administrative investigation by an investigating officer as provided in § 15.24. In all cases involving possible disciplinary action against military personnel of the Coast Guard, a board of investigation will be convened. In no case will a board of investigation and an investigating officer conduct simultaneous and duplicitous investigations. In those administrative cases where an investigating officer discovers evidence which is to the prejudice of the interest of military personnel of the Coast Guard, he will imme

diately convey this information to his Commanding Officer for appropriate action under Article 900, Coast Guard Courts and Boards, 1935. If the Commanding Officer convenes a board of investigation, the investigating officer may be named as a member of the board. If no board of investigation is convened, the investigating officer will continue his investigation as provided in § 15.24.

(b) In the case of marine casualty involving a Coast Guard vessel and a private vessel or instrumentality, the procedure set forth in the Commandant's letter 30 March, 1943 and section 7-3-5 A, Merchant Marine Inspection Instructions shall be followed.

§ 15.26 Disposition of reports. (a) The reports of an investigating officer will be prepared in triplicate and delivered to the Commanding Officer by whom the investigating officer was appointed, for immediate transmission to the Commandant.

(b) The boards of investigation will be submitted in triplicate to the Commandant via the convening authority.

(c) Investigation into marine casualty conducted by a Merchant Marine Examining Officer will be forwarded in the manner prescribed by section 7-3-5 A, Merchant Marine Inspection Instructions.

§ 15.27 Procedure—(a) When investigation will be made. Investigation of service-connected accidents and incidents will be made in accordance with the provisions of this part, (1) when the private property is damaged, lost or destroyed; or (2) when injury or death results to any civilian other than an employee of the Government acting within the scope of his employment and covered by the United States Employees' Compensation Act; or (3) when Government property is damaged, lost or destroyed under circumstances which indicate the existence of a claim in excess of $25 in favor of the Government; or (4) when a claim is made; or (5) when specifically directed by competent authority.

(b) Responsibility for investigation. Immediate responsibility for the investigation of an accident or incident as provided in this part, rests upon the Commanding Officer of that local Coast Guard activity which is most directly involved, normally the Commanding Officer of the personnel involved or of the