Document Page: First | Prev | Next | All | Image | This Release | Search

File: 970930_sep96_sagwi1_0002.txt
Page: 0002
Total Pages: 29

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

Document Page: First | Prev | Next | All | Image | This Release | Search