CHAPTER XII—DEFENSE LOGISTICS AGENCY SUBCHAPTER A [RESERVED] SUBCHAPTER B—MISCELLANEOUS Part Page 1280 Investigating and processing certain noncontrac- tual claims and reporting related litigation ........ 265 1285 Defense Logistics Agency Freedom of Information Act Program ......................................................... 268 1288 Registration of privately owned motor vehicles ..... 287 1290 Preparing and processing minor offenses and viola- tion notices referred to U.S. District Courts ....... 289 1292 Security of DLA activities and resources ............... 297 263 VerDate Nov<24>2008 13:21 Aug 25, 2009 Jkt 217129 PO 00000 Frm 00273 Fmt 8008 Sfmt 8008 Y:\SGML\217129.XXX 217129 erowe on DSK5CLS3C1PROD with CFR VerDate Nov<24>2008 13:21 Aug 25, 2009 Jkt 217129 PO 00000 Frm 00274 Fmt 8008 Sfmt 8008 Y:\SGML\217129.XXX 217129 erowe on DSK5CLS3C1PROD with CFR SUBCHAPTER A [RESERVED] SUBCHAPTER B—MISCELLANEOUS PART 1280—INVESTIGATING AND this part 1280, to investigate and proc- PROCESSING CERTAIN NON- ess claims within the purview of this CONTRACTUAL CLAIMS AND RE- part 1280. (b) Member of the Army, member of the PORTING RELATED LITIGATION Navy, member of the Marine Corps, mem- ber of the Air Force. Officers and en- Sec. 1280.1 Purpose and scope. listed personnel of these Military Serv- 1280.2 Definitions. ices. 1280.3 Significant changes. 1280.4 Responsibilities. § 1280.3 Significant changes. 1280.5 Procedures. This revision provides current cita- AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 125; 28 tions to the Army regulations which U.S.C. 2672; and DoD Directive 5105.22 dated have superseded those previously pre- December 9, 1965. scribed for the processing of some SOURCE: 39 FR 19470, June 3, 1974, unless claims. It reflects the new Army otherwise noted. claims processing procedures effected upon the reorganization of the Army. § 1280.1 Purpose and scope. Finally, it provides specific procedures (a) This part 1280 provides procedures for Air Force processed claims. for investigating and processing claims and related litigation: § 1280.4 Responsibilities. (1) By civilian and military personnel (a) DLA field activities. (1) Heads of of DLA for property lost or damaged DLA Primary Level Field Activities incident to service (31 U.S.C. 240 are responsible for: through 243). (i) Designating a qualified individual (2) Incident to use of Government ve- under their command, preferably one hicles and other property of the United experienced in the conduct of inves- States not cognizable under other law tigations, as the Claims Investigating (10 U.S.C. 2737). Officer for the activity. (3) Based on Negligence of Civilian (ii) Authorizing Heads of subordinate and Military Employees under the Fed- activities to appoint Claims Inves- eral Tort Claims Act, 28 U.S.C. 1346(b), tigating Officers where necessary. 2671 through 2680. (2) The Commander, DLA Adminis- (4) In favor of the United States, trative Support Center (DLASC) is re- other than contractual, for loss, dam- sponsible for designating a qualified in- age, or destruction of real or personal dividual, preferably one experienced in property in the possession, custody, or the conduct of investigations, as the control of DLA. Claims Investigating Officer for (b) This part 1280 is applicable to HQ DLASC and HQ DLA. DLA and DLA field activities, except (3) Claims Investigating Officers are nonappropriated funds and related ac- responsible for the expeditious conduct tivities established pursuant to DSAR of all investigations and the processing 1330.2, Open Messes and Other Military of reports in accordance with appro- Sundry Associations and Funds, and priate Departmental regulations as DSAR 1330.4, Civilian Nonappropriated prescribed by this part 1280. To ensure Funds and Related Activities. Claims prompt investigation of every incident involving these activities are processed while witnesses are available, and be- pursuant to the regulations referenced fore damage has been repaired, the du- therein. ties of personnel as Claims Inves- tigating Officers will ordinarily have § 1280.2 Definitions. priority over any other assignments (a) Claims Investigating Officer. A mili- they may have. tary officer or civilian employee of (4) The Counsel, DLA Field Activities DLA, appointed in accordance with are responsible for: 265 VerDate Nov<24>2008 13:21 Aug 25, 2009 Jkt 217129 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\217129.XXX 217129 erowe on DSK5CLS3C1PROD with CFR § 1280.5 32 CFR Ch. XII (7–1–09 Edition) (i) Receiving claims reports and in- nizant adjudicating authority as listed formation about related litigation, and in JAGINST 5800.7A, paragraph 2124. processing these reports and informa- (iii) Where the claimant is a member tion in accordance with this part 1280 of the Air Force; the Base Staff Judge and appropriate Departmental regula- Advocate of the nearest Air Force tions. Base. (ii) Providing directions and guid- (b) Claims incident to the use of Gov- ance to Claims Investigating Officers ernment property not cognizable under in the investigation and processing of any other law (10 U.S.C. 2737). (1) The claims. Claims Investigating Officer will con- (b) The Counsel, DLA (DLAH-G) is re- duct his investigation and prepare all sponsible for: necessary forms and reports in accord- (1) Providing guidance to Counsel at ance with the appropriate portions of DLA field activities on all claims and AR 27–20 where the claimant is a mem- litigation matters within the purview ber of the Army or a DLA civilian em- of this part 1280. ployee; JAGINST 5800.7A where the (2) Receiving claims reports and in- claimant is a member of the Navy or formation on related litigation for- Marine Corps; or AFM 112–1 where the warded to HQ DLA, Attention: DLAH- claimant is a member of the Air Force. G, and processing these in accordance (2) The completed report will be for- with this part 1280 and appropriate De- warded by the Claims Investigating Of- partmental regulations. ficer to the Counsel for his activity or, (3) Maintaining this part 1280 in a if the activity has no Counsel, to the current status and reviewing it annu- next higher echelon having such a posi- ally. tion. § 1280.5 Procedures. 1 (3) The activity Counsel receiving the Claims Investigating Officer’s report (a) Claims by military and civilian per- will review the report, and take all sonnel of DLA for property lost or dam- necessary action to assure that it is aged incident to service (31 U.S.C. 240 complete and in accordance with the (1) The Claims Inves- through 243). appropriate regulation. He will forward tigating Officer will conduct his inves- the report together with his comments tigation and prepare all necessary and recommendations to one of the fol- forms and reports in accordance with lowing activities for settlement. Where the appropriate portions of AR 27–20 the incident giving rise to the claim where the claimant is a member of the was occasioned by an act or omission Army or a DLA civilian employee; of: JAGINST 5800.7A where the claimant is (i) DLA civilian personnel. Counsel, a member of the Navy or Marine Corps; DLA. or AFM 112–1 where the claimant is a member of the Air Force. (ii) A member of the Army. The Staff (2) The completed report will be for- Judge Advocate designated in AR 27–20, warded by the Claims Investigating Of- appendix F, as the Area Claims Author- ficer to one of the following activities ity where the claim arose. for settlement: (iii) A member of the Navy or Marine (i) Where the claimant is a DLA ci- Corps. The Director of the Navy Law vilian employee or a member of the Center in the Naval District in which Army; the Staff Judge Advocate des- the incident giving rise to the claim ignated in AR 27–20, appendix F, as the occurred. Area Claims Authority where the claim (iv) A member of the Air Force. The arose. Base Staff Judge Advocate of the Air (ii) Where the claimant is a member Force Base nearest the place where the of the Navy or Marine Corps the cog- incident giving rise to the claim oc- curred. (c) Claims under the Federal Tort 1 Copies of the Military Department regula- tions mentioned herein may be obtained Claims Act arising from negligence of from the Departments of the Army and DLA military or civilian personnel. (1) Navy, and the Superintendent of Documents, The Claims Investigating Officer will U.S. Government Printing Office. conduct his investigation and prepare 266 VerDate Nov<24>2008 13:21 Aug 25, 2009 Jkt 217129 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\217129.XXX 217129 erowe on DSK5CLS3C1PROD with CFR Defense Logistics Agency § 1280.5 all necessary forms and reports in ac- Offers of compromise will be processed cordance with the appropriate portions pursuant to DSAM 7000.1, chapter 12, of AR 27–20 where the claim involves a section V, paragraph 120502. member of the Army or a DLA civilian (v) Where payment in full is not re- employee; JAGINST 5800.7A where the ceived after reasonable efforts have claim involves a member of the Navy been made to collect the claim admin- or Marine Corps; or AFM 112–1 where istratively, Counsel will refer the case the claim involves a member of the Air directly to the U.S. Attorney unless: Force. (a) The amount of the claim exceeds (2) The completed report of investiga- $10,000, in which event the case will be tion will be forwarded by the Claims referred to Counsel, DLA. Investigating Officer to one of the fol- (b) The amount of the debt is less lowing activities for settlement. Where than $250; or the record clearly shows the incident giving rise to the claim that the debtor is unable to pay; or the was occasioned by an act or omission debtor cannot be located; in which of: event the file may be closed and the (i) DLA civilian personnel or a member debt treated as an uncollectable which of the Army.