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File: 970930_sep96_sagwi1_0002.txt
Subject = TABLE CONTENTS
Parent Organization = XVIII CORPS
Unit = 3D ACR
Folder Title = INFORMATION PAPERS
Document Number = 8
Box ID = BX001802
DEPARTMENT OF THE ARMY
Headquarters, 24th Infantry Division (Mechanized)
APO New Yor@@ 09315
AFZP-VJA 29 Dec 90
%IA,..-
MEMORANDUM FOR C 24th ID
SUBJECT: Personp%l Claims Against the U.S. Government
1. I-F the Army provides temporary storage for soldiers to store
personal items such as radios, civilian clothes, aopliances, etc., the
U.S. may be liable +or loss or damage caused by -fire, flood, "or
other unusual occurences" or by theft or vandalism. Temporary storage
areas would include tents, CONEX containers, and temporary buildings.
2. The phrase "or other unusual occurrence is interpreted broadly and
would probably encompass most claims for loss or damage incident to
storage in a command designated storage area.
3. There are some limitations on the amount of liability the
government will assume. Payment will only be made for the loss or-
damage to property whose possession is determined to be reasonable or
useful" under the circumstances. For example, an expensive gold watch
would not pass the reasonable or useful test under these circum-
stances, however, a "boom bo>@" or camera which is sold in the PX would
probably pass the "reasonable or useful" test and there-Fore be
compensable in the event of loss or damage while in a designated
temporary storage area.
4. No payment will be made for enemy prooerty or war trophies, nor
will payment be made for articles acquired, possessed, or transported
unlawfully or in violation of Army regulations. For example, the
latter provision would prevent payment for items such as alcoholic
beverages or pornographic materials. Finally, the US Army Claims
Service prescribes cert a in maximum a I Iowan c es for some i tems, ie.
loss or damage to a particular item may be payable, but tire amount
which is authorized to be paid may be substantially less than the
claimed Value of the loss or damaged item.
rC;.@Littl@L-wood@, r.
LTC, JA
Staff Judge Advocate
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