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(x) If the vessel was under charter at the time of collision or was otherwise employed, the claimant should state each of the details set forth last above, and as well submit a statement of operating expenses which were, or would have been, incurred to earn such hire, specifically stating wages and bonuses which would have been paid during the period of employment (including the master's), the value of fuel which would have been consumed during the period of employment, the value of consumable stores which would have been used during the period of employment, port charges which would have been incurred during the period of employment and which would have included such items as harbor fees, wharfage, dockage, sheddage, stevedoring, towage, pilotage, inspection, tollage, lockage, anchorage and moorage, grain elevation, storage, and customs fees. All such statements or estimates should be supported by statements or reports of disinterested, competent witnesses, preferably marine surveyors, familiar with the type of property damaged or destroyed. Such statements and estimates should be certified as just and correct, and if payment has been made, itemized receipts evidencing payment should be included.
(7) Personal injury. In support of claims for personal injury or death, the claimant should submit a written report by attending physician, showing the nature and extent of injury, the nature and extent of treatment, the degree of permanent disability, if any, the prognosis, and the period of hospitalization or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred.
(8) Signatures. The claim and all other papers requiring the signature of the claimant should be signed by the claimant personally or by a duly authorized agent. (See 18 U. S. C. 80.)
(9) Place of filing. The claim should be submitted to the Commanding Officer of the activity involved, if known; otherwise to the Commanding Officer of any Coast Guard activity, if practicable the one within or nearest to which the accident or incident occurred; or the Commandant, Washington 25, D. C.
§ 15.23 Reports by Coast Guard personnel-(a) Motor vehicle accidents. All motor vehicle accidents will be reported by the driver of the Coast Guard vehicle
on Standard Form 26, (Driver's ReportAccident-Motor Transportation). A report on Standard Form 26 will be filed even though the driver of other vehicle states no claim will be filed or even if only Government owned vehicles are involved. An accident will be reported regardless of who was hurt, what property was damaged or to what extent, where it occurred, or who was responsible. The report will be referred to the Commanding Officer of the activity for such disposition as he deems appropriate under § 15.25.
(b) Marine casualties involving Coast Guard vessels and private vessels or instrumentalities. Whenever there is a casualty involving a Coast Guard vessel and a private vessel or instrumentality, irrespective of the extent of damage, or wherein the fault of said casualty lies, the Commanding Officer or officer in Icharge of the Coast Guard vessel will make a report of the same by dispatch to the Commander of the district in which the collision occurred, or, if without the limits of a Coast Guard district directly to the Commandant. This dispatch report shall be followed, as soon as practicable, by a complete written report containing all information pertaining to the marine casualty.
(c) Aircraft accidents or damage. Whenever an officer in charge of a Coast Guard aircraft becomes aware that personal injury to private citizens or damage to private property has occurred as a result of the operation of the Coast Guard aircraft under his charge, he will make a report by dispatch to the Commander of the district in which such injury or damage occurred, or, if without the limits of a Coast Guard district, directly to the Commandant. This dispatch report shall be followed, as soon as practicable, with a complete report containing all information pertaining to such personal injury or damage.
(d) Miscellaneous. Whenever an incident occurs within the scope of this part, as set forth in § 15.2, for which a specific type of report is not required by paragraph (a), (b) or (c) of this section, the Coast Guard personnel having cognizance of such incident shall make a report of the same to the Commanding Officer of the Coast Guard activity in which the incident occurred for action under § 15.25.
(e) Action by Commandant. Whenever reports required by paragraphs (b)
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
Subpart 20.01-General Procedures
§ 20.01-1 Theory of chain of command. The Commandant, U. S. Coast Guard, is charged with the duty of directing the activities of the Coast Guard; however, certain administrative staffs have been provided to assist him in the performance of his responsibility. The chain of command ordinarily runs from the Commandant to the District Commander, and in turn from the District Commander to the commanding officer or officer in charge of a particular operating unit. Commandant's decisions. The Commandant is directed, under the law, to administer the functions of the Coast Guard. His authority is derived from statutes, regulations promulgated pursuant thereto, executive orders, and proclamations, which cover the finality of decisions made by him.
Subpart 20.15-Entrance Requirements for Coast Guard Academy
§ 20.15-1 Application. An applicant who is able to meet the requirements set forth in § 4.2 of this chapter and Coast Guard Form 144-Regulations governing appointment to cadetship, and special notice of examination, which forms may be obtained from the Commandant, U. S. Coast Guard, Coast Guard Recruiting offices, or the United States Coast Guard Academy, and who desires to enter the Academy should execute one copy of Coast Guard form 9530, Application to take the examination for appointment as a cadet, which form may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy. This form will be approved or disapproved by the Commandant, U. S. Coast Guard, whose decision is final. The applicant will be notified of the decision of the Commandant by letter.
§ 20.15-5 Preliminary physical examination. Before filing an application
or preparing for an examination, a candidate must be examined thoroughly by a competent physician, the results of which are tabulated on Coast Guard form 9530A, Preliminary physical examination record, which form may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, to determine whether or not he can meet the physical requirements set forth in Appendix A of Coast Guard form 144, which form will be approved or disapproved by the Commandant by letter.
§ 20.15-10 Educational questionnaire. This questionnaire, Coast Guard form 9530B, may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, is not an application nor does it take the place of any information required by the Coast Guard in connection with applications. It is for the information of the Academy and is to be mailed directly to the United States Coast Guard Academy, New London, Connecticut.
§ 20.15-15 Transcripts of education. Each candidate must submit one or more copies of Coast Guard forms 9539, Certificate for accredited college, university, or technological school, and 9539A, Certificate for preparatory school or public high school, which forms may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, which forms are approved or disapproved by the Commandant, on the basis of the requirements listed in the regulations in Part 4 of this chapter, and Coast Guard form 144, which form may be obtained from the Commandant, U. S. Coast Guard, Coast Guard Recruiting Offices, or the U. S. Coast Guard Academy. The applicant will be notified of the decision of the Commandant by a letter, whose decision is final.
§ 20.15-20 Review and rating of examination papers. The papers of candidates will be examined and rated by commissioned officers of the Coast Guard. After the papers have been rated, a board of commissioned officers of the Coast Guard, appointed by the Commandant, will consider applicants who have attained a passing grade according to the procedure set forth in § 4.7 of this chapter.
§ 20.15-25 Final physical examination; appointments. Candidates who are
considered eligible will be required to report to the Coast Guard Academy, New London, Connecticut, where they will be given a final physical examination by a board of medical officers of the Public Health Service. Candidates who successfully pass this physical examination will be issued appointments as cadets, except, the number appointed is discretionary with the Secretary of the Treasury and will depend upon the needs of the service at the time.
Subpart 20.20-Coast Guard Auxiliary
§ 20.20-1 Application for membership. A candidate for membership in the Auxiliary shall make application on Coast Guard form 2730, in accordance with the requirements set forth in § 5.3 of this chapter.
§ 20.20-10 Admission to membership. An applicant who is accepted for membership will be issued a membership certificate, Coast Guard form 2737-A and an Identification Card, Coast Guard form 2650, under the conditions set forth in § 5.3 of this chapter.
Subpart 20.30 Claims
§ 20.30-1 General. The General Claims Regulations in Part 15 of this chapter are prescribed to govern the administration of claims for damage to or loss or destruction of property, or for personal injury or death, caused by Coast Guard personnel or civilian employees of the Coast Guard, while acting within the scope of their employment, or otherwise incident to the activities of the Coast Guard, when the Coast Guard is not operating as a part of the Navy.
§ 20.30-5 Bailed personal property and use and occupancy of real property. Claims for damage to or loss or destruction of such property are payable under §§ 15.7 and 15.8 of this chapter; however, if deemed in the best interest of the Government, they may be processed as contract claims through the General Accounting Office.
Contract claims. Claims for damage to such property, except those under §§ 15.7 and 15.8 of this chapter, are normally not payable under the provisions of Part 15 of this chapter; however, any claim which is apparently within the provisions of the act of March 20, 1946 (Pub. Law 327, 79th Cong., 60 Stat. 56), but appears to be