Claims Procedures
Summary of Change
Department of the Army
Washington, DC
21 March 2008
*Department of the Army Pamphlet 27-162
Legal Services
Claims Procedures
By Order of the Secretary of the Army:
GEORGE W. CASEY, JR.
General, United States Army
Chief of Staff
Official:
Joyce E. Morrow
Administrative Assistant to the Secretary of the Army
History. This publication is a major revision.
Summary. This pamphlet sets forth procedures for investigating, processing, and settling claims against, and in favor of, the United States. This publication is intended to be read and used in conjunction with AR 27-20, which sets forth guiding legal principles and policy.
Applicability. This pamphlet applies to the Active Army, the Army National Guard/Army National Guard of United States, the U.S. Army Reserve, the Department of Defense civilian employees under certain circumstances, unless otherwise stated. In countries where the U.S. Army has been assigned single-Service claims responsibility, this pamphlet applies to claims generated by the other armed services. During mobilization, procedures in this publication may be modified to support policy changes, as necessary.
Proponent and exception authority. The proponent of this pamphlet is The Judge Advocate General. The proponent has the authority to approve exceptions or waivers to this pamphlet that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this pamphlet by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25-30 for specific guidance.
Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Commander, U.S. Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, MD 20755-5360.
Distribution. This publication is available in electronic media only and is intended for command levels B, C, D, and E for the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.
TOCTable of Contents
Chapter 1Army Claims System
Chapter 2Investigation and Processing of Claims
Chapter 3Claims Cognizable Under the Military Claims Act
Chapter 4Claims Cognizable under the Federal Tort Claims Act
Chapter 5Non-Scope Claims Act
Chapter 6National Guard Claims Act
Chapter 7Status of Forces and Other International Agreements
Chapter 8Maritime Claims
Chapter 9Article 139, Uniform Code of Military Justice
Chapter 10Foreign Claims Act
Chapter 11Personnel Claims and Related Recovery Actions
Chapter 12Nonappropriated Fund Claims
Chapter 13Claims Office Administration
Chapter 14Affirmative Claims
Appendix AReferences
Appendix BReference and Resource Materials for Administrative Claims Processing
These texts may be obtained at www.gpoaccess.gov. However, you are advised to get them on Lexis or Westlaw, as the official government Web site does not always have the most current version. The Army regulations listed may be obtained at www.apd.army.mil, and the DODDDODDDepartment of Defense directive and DODIs at www.dtic.mil/whs.directives. Some of the other docu-ments in these sections are posted on the “Claims Resources” page of the USARCS Web site on JAGCNet. All the documents listed in sections B-4 through B-8 are posted on the “Claims Resources” page of the USARCS Web site on JAGCNet.