Volume 4 Flashcards
(182 cards)
1
Q
Define the term “claim” as used in the AF.
A
A written and signed demand for or against the United States or Air Force for payment of a sum certain
other than for obligations incurred in the regular procurement of services, supplies, equipment, and real
estate.
2
Q
May claims be submitted orally? If so, by what authority?
A
Yes; Article 139, UCMJ.
3
Q
What types of claims are processed according to AFI 23–101?
A
Claims for loss of uniforms and clothing items, to include personnel clothing claims for uniform items
which are lost, stolen, or otherwise made unserviceable through no fault or negligence of the Air Force
member.
4
Q
What are the levels of claims settlement authority in the AF?
A
TJAG; AFLOA/JACC; MAJCOM SJAs, NAF SJAs, and base SJAs.
5
Q
What office supervises and inspects claims activities through staff assistance visits?
A
The Claims and Tort Litigation Division (AFLOA/JACC).
6
Q
Who must appoint claims officers and how?
A
The base SJA, in writing.
7
Q
What is a major accident?
A
An accident of such a magnitude as to warrant response by the installation Disaster Response Force (DRF).
8
Q
What is an EOC?
A
The EOC is the command and control support elements that directs, monitors, and supports the
installation’s actions before, during, and after an incident.
9
Q
Who activates the EOC?
A
The installation commander.
10
Q
Who is the EOC director?
A
The Mission Support Group commander or other senior representative designated by the installation CC.
11
Q
What is the attorney/paralegal team role when assigned to the EOC?
A
To advise the Incident Commander and other key personnel on any legal matters that may arise.
12
Q
Why would PA need your assistance in the EOC?
A
They will need to know what information they can and cannot release to the public, news agencies, family,
and friends.
13
Q
What should the legal office have prepared in anticipation of a natural disaster or major accident?
A
Plan of action and an emergency operations kit.
14
Q
List three agencies you should contact to be prepared for an accident or incident investigation.
A
Photo lab, motor pool, and specialized agencies, such as civil engineers and the safety office.
15
Q
Photographs taken by military personnel should be annotated on the back with what essential
information?
A
Photographer’s name, grade, and duty organization; Social Security number; date and time photograph was
taken; orientation of the photograph to place of incident.
16
Q
Diagrams, maps, sketches, or plats are very important in what types of investigations?
A
Incidents where the damage covers a wide area such as an aircraft crash site.
17
Q
If the claims officer thinks a repair estimate is unreasonable, what may the claims officer do?
A
Require the claimant to furnish a second estimate from another source.
18
Q
What documents within a claims file may never be released outside of the US government?
A
Legal memoranda containing opinions, conclusions, and recommendations; attorneys’ and paralegals’
written summaries of witness interviews; experts’ written reports and evaluations without approval of
JACC; medical quality assurance documents (10 U.S.C. 1102); and any other material acquired as part of
the deliberative process, including legal research.
19
Q
When do you create a potential claim file?
A
As soon as it appears likely the Air Force may incur substantial liability or that a claim may be filed.
20
Q
When is a master claim file prepared?
A
When multiple claims (five or more) arise out of a single accident/incident.
21
Q
How does the base SJA report incidents to the supervisory GCM, MAJCOM, and JACC?
A
By the most expeditious means and followed by a written report within 24 hours.
22
Q
Who designates claims jurisdictions for the bases within their areas of responsibility overseas?
A
HQ USAFE/JA, HQ PACAF/JA, and HQ CENTAF/JA.
23
Q
Who may file a claim on the behalf of a proper claimant?
A
Their authorized agents, with a power of attorney (or in the case of a spouse, a letter of authorization
specifically granting permission to file a claim); their legal representatives with a court order; or the
survivor of the deceased proper claimant.
24
Q
Under what conditions can payment be made for losses or damage occurred during a DITY
move?
A
When loss or damage to property during the move results from events outside the claimant’s control.
25
Provide at least three examples of quarters and other authorized places where individuals can file
claims for damages or losses against the AF.
Government-owned or government-leased housing assigned or otherwise provided to the claimant and
temporary quarters anywhere, including hotels, motels, guest houses, dormitories and billeting rooms the
claimant occupies during TDY.
26
May an AF member receive payment for damage to their POV used during military duty? If so,
what must they provide?
Yes. Written orders must be provided to prove authorized use for government business.
27
MSgt Andrew Mather submitted a claim for damage to his off-base residence caused by the
carrier company while moving in his household goods. Is this claim payable? Why?
No. Loss of or damage to real property is not payable pursuant to AFI 51–502, chapter 2.
28
What is the maximum amount payable per claim (not involving evacuation or other extraordinary
circumstances) under the Personnel Claims Act?
$40,000.
29
For chapter 2 claims, what is the maximum amount civilian claims examiners with at least six
months current claims experience (when delegated) may settle personnel claims for?
$5,000.
30
If circumstances warrant, may more than one emergency partial payment be made to a claimant?
Yes.
31
What is the statute of limitations for claims filed under AFI 51–502, chapter 2?
Two years from the date of incident.
32
What is normally considered the date of incident for damage to personal property incident to
shipment?
The date the damage or loss occurred, or the date that a claimant discovered or reasonably should have
discovered the loss or damage.
33
May the claimant take delivery exceptions at destination on a DD Form 619–1, Statement of
Accessorial Services Performed (Storage-In-Transit Delivery and Reweigh)?
No.
34
Within what period of time must the legal office send the notice of loss or damage form to the
carrier?
Within 75 days from the date of delivery.
35
Who is responsible for preparing and filling out all required forms and documents, to include the
DD Form 1842 and DD Form 1844?
The claimant is responsible for completing all claims forms.
36
If the claimant does not have access to a government computer, how do they obtain a
username/password to file their claim online?
Call the AFCSC to get a username/password.
37
What information does the claimant need to annotate on the DD Form 1844?
Name, Date of pickup, Date of delivery, GBL number or lot number, Quantity (number of items included,
e.g., four plates). Lost or damaged items (including brand name, trademark, model, year of manufacture,
size, etc.). Show nature and extent of damage. If lost, indicate the item is missing. Inventory number
(number found on the inventory). Original cost. (This price should be what the claimant actually paid for
the item.) Month/year of purchase (month and year the claimant purchased the item). Amount claimed,
repair cost, or replacement cost. (The claimant should use one or the other, either replacement cost or cost
of repairs.)
38
List at least three documents the claimant may be required to provide as supporting
documentation for their claim.
Travel orders; power of attorney, if an agent submits the claim; shipping documents (GBL, freight bill);
origin pickup inventory; destination inventory; DD Form 1299; DD Form 1797; Notice of Loss or Damage
Form (DD Form 1840/1840R; Form 1850/1851, or similar carrier generated form); repair bills, estimates,
replacement cost quotations, and other substantiation for sums claimed; other evidence, including insurance
information.
39
If a claimant does not complete the claims forms properly or fails to provide adequate supporting
documents for the claim, can you return it?
No. Inform the claimant that processing may be delayed until the appropriate forms are prepared and
presented with proper documentation.
40
What agency is responsible for helping members present inconvenience claims to the carrier?
TMO.
41
Once you receive a request from the AFCSC to perform a claims inspection, how long do you
have to complete the inspection and send the inspection report to the AFCSC?
Seven calendar days.
42
What do you do if you believe the carrier took excessive exceptions for PED?
Include a detailed statement in the inspection report with examples of the items where damages were noted
on the inventory, but were not present during your inspection.
43
When inspecting damaged wood furniture, what do small pieces of wood flaking off on your
finger indicate?
The damage is new and not preexisting.
44
How can you tell if the damage is new in an upholstery rip?
The foam or stuffing around the rip or tear will be clean.
45
When taking photographs for a claims inspection, what is the minimum information that should
be included?
The type of item and the date the photograph was taken.
46
What form does the claimant need to provide the base legal office in order to distinguish between
damage noted on the form, which is considered PED, and the new damage the claimant is
claiming on his/her POV?
VISF or DD Form 788.
47
In the event dents and scratches are not clearly visible in the photo taken at a vehicle inspection,
what should you note on the inspection sheet?
Detailed notes to include relative size/shape of dents(s) and length of scratches.
48
List at least three examples that may help settlement authorities determine if a claim is
“substantially tainted by fraud.”
Altered estimates that falsely represent a significant portion of the claim, numerous missing items the
claimant never owned, intentional misrepresentation of the ages or conditions of numerous claimed items,
or when enough examples of fraud to make it difficult, overly burdensome, or impossible for claims
personnel to determine which items are legitimate.
49
What does the Federal Tort Claims Act provide for?
The administrative settlement and payment of claims against the United States, except those that arise in aforeign country, for damage to or loss of property, or for personal injury or death resulting from thenegligent or wrongful act or omission of Air Force military or civilian personnel while acting within thescope of their employment.
50
What is the basic requirement for a claim to be payable under the Federal Tort Claims Act?
To be payable under the FTCA, a claim must be for property damage, personal injury, or death caused bythe negligent or wrongful acts or omissions of government employees while acting within the scope of theiroffice or employment, to the extent the United States has waived sovereign immunity.
51
In determining liability, what is the controlling law for claims under the FTCA if local and federal laws conflict?
It is governed by federal law (the FTCA).
52
What items are considered in determining whether an employee was acting within the scope oftheir employment?
The acts of employees must be authorized by their employer, be within the time and scope of theiremployment parameters, and be in furtherance of some interest of their employer.
53
What is the statute of limitations for Federal Tort Claims Act claims?
Two years after it accrues.
54
When is a suit permitted under the Federal Tort Claims Act?
Only after an administrative claim has been denied or if the agency has not acted upon the claim within thesix month window, the claimant may choose to file suit.
55
A claimant’s attorney fees will not exceed what amount if the claim is settled administratively?
Attorney fees will not exceed 20 percent of any administrative settlement amount.
56
Under the MCA, what two principles govern US liability?
The first is based on negligence or wrongful acts or omissions and the second is noncombat activities.
57
What types of claims may be presented and paid under the MCA?
Property damage, personal injury, or death arising from the negligent or wrongful acts by members oremployees of the armed forces acting within the scope of employment, and for losses sustained as a resultof the noncombat activities of the military services.
58
List seven examples of noncombat activities.
(1) Maneuvers and special field exercises.
(2) Practice firing of heavy guns and missiles.
(3) Practice bombing.
(4) Operation of military spacecraft and aircraft.
(5) Use of military balloons.
(6) Movement of combat vehicles or other equipment designed for military use, such as tanks, amphibiousvehicles, and other vehicles not primarily designed or used for civilian purposes.
(7) EOD operations.
59
What amount of negligence must be proven by a claimant for the AF to pay on a noncombatactivity claim? Explain.
None. The claimant only has to show a causal connection between an authorized noncombat activity andthe injury or damage.
60
What is the statute of limitations for claims presented under the MCA?
A claim must be filed in writing to the appropriate federal agency within two years of accrual, unless theUnited States is at war or in an armed conflict when the claim accrues, or the US enters a war or armedconflict after the claim accrues, and good cause is shown.
61
In a foreign country, how is liability generally determined on an MCA claim?
Settlement authorities use the general principle of American tort law as made clear by case law andstandard legal publications to evaluate the liability of the US.
62
What agency establishes the geographic division of claims jurisdiction for claims against the AF?
JACC.
63
For CONUS legal offices, what is the maximum settlement authority for base-level SJAs?
$5,000.
64
If your SJAs settlement authority is $5,000, and you have a claim from an insurance company for$2,000, and one from an insured member for $4,000 for the same incident, does the SJA have authority to settle/deny the claims? Why?
No. A principal claim and any subrogation claims are treated as a single claim and both claims wouldexceed the SJAs settlement authority of $5,000.
65
Where do you send a payment voucher for an FTCA claim settled for $3,000?
The Judgment Fund, US Treasury.
66
What information should a legal memorandum contain?
It should state the basic information about the claim, lay out the relevant facts, discuss the applicable law,and provide recommended disposition for the settlement authority’s concurrence.
67
What is one of the first things you should do if a claim will be adjudicated by your base office?
Send the claimant a receipt acknowledgement letter.
68
When sending a voucher to the AFCSC for payment, what documents must be scanned and emailed to the AFCSC voucher box?
Completed SF 1034 and settlement agreement.
69
By what method is a final denial letter sent to the claimant or authorized agent?
Through the US Postal Service by certified or registered mail, return receipt requested.
70
When a claim has been denied, how many times may a claimant ask for reconsideration?
Once.
71
For claims over $5,000 forwarded to JACC, what is the POC’s primary role?
To assist the JACC staff attorney/paralegal in investigating the claim.
72
Name two types of documents that can never be released to anyone outside the US government?
Legal memoranda containing opinions, conclusions, and recommendations; Attorneys’ and paralegals’ written summaries of witness interviews; Experts’ written reports and evaluations (including engineering reports on sonic boom complaints), without approval of JACC; Medical quality assurance documents.(Under 10 USC §1102, such records are confidential and privileged, and may not be disclosed to anyperson or entity except under limited circumstances set out in the statute). In addition, these documents maynot be released to US Attorneys or the DOJ without the express permission of JACC; and other materialacquired as part of the deliberative process, including legal research.
73
What circumstances may warrant providing a claimant with an advance payment?
An immediate need for food, shelter, medical or burial expenses, or other necessities. A commercialenterprise may be entitled to an advance payment if needed to prevent severe financial loss or bankruptcy.
74
If the AF destroys a house containing a family of four, how many of those family members mayrequest an advance payment?
Four.
75
In the absence of actions being taken to toll the statute of limitations, how long does thegovernment have to collect a claim under AFI 51–501, chapter 9?
Three years from the date the cause of action accrues.
76
What actions may be taken to toll the statute of limitations under AFI 51–501, chapter 9?
Suit must be filed in a federal district court prior to the three years passing.
77
Under what conditions should claims for less than $100 be asserted?
If it appears that collection costs will be small.
78
What actions should be taken if a contracting officer refuses to assert a claim on the grounds that it is not a contract claim?
Record the contracting officer’s intention not to assert a claim in a memorandum for record and maintain itin the claim file.
79
If damage was caused by an AF member or civilian employee and a report of survey is mandatory, can a claim still be asserted?
No. A report of survey would indicate liability.
80
What agency should you advise of all incidents involving damage to or loss of government property that may result in liability of a third party in excess of $10,000?
JACC.
81
What does the notice of claim provide to the tortfeasor?
Sufficient notification of the facts and circumstances surrounding the incident.
82
List three ways a claim can be resolved?
Monetary offers, repairs-in-kind, and termination.
83
If payment is not received within 18 months from the incident date, or if there is indication of fraud or misrepresentation by the tortfeasor, what is the SJA’s next step?
Refer the file to the US Attorney or the DOJ.
84
What is the basis for determining whether an amount is within the settlement authority of a particular SJA?
The amount asserted against the debtor.
85
When is a military member required to reimburse a claimant under the provisions of AFI 51–501, chapter 8?
For property that AF military personnel willfully damage or wrongfully take, if the claim results from riotous, violent, or disorderly conduct.
86
List four types of claims not payable under chapter 6.
Any four of the following:
(1) Claims resulting from simple negligence.
(2) Claims for personal injury or death.
(3) Claims resulting from acts or omissions of military personnel while performing legally authorized duties.
(4) Claims of subrogees.
(5) Claims arising from private indebtedness.
(6) Claims for reimbursement for bad checks.
87
What is the time limit for submitting an Article 139 claim?
Must be submitted within 90 days of the date of the incident unless the commander finds good cause has been shown for a delay.
88
What must happen if a commander receives a complaint, but does not have SPCM authority?
The commander sends the complaint and any documentary evidence relative to it to the next superior authority in the chain of command having SPCM authority.
89
Who does the board of officers submit their report to for Article 139, UCMJ claims?
To the appointing commander, through the SJA.
90
May decisions made by the appointing commander be appealed by either the claimant or the offender?
No.
91
What is the only legal means by which a service member can be made to make administrative restitution for tangible property damage, loss, or destruction suffered by another person?
An Article 139, UCMJ, claim.
92
Name at least three NAF activities that would have claims against them processed in accordance with AFI 51–501, chapter 5.
AAFES; Officers’, NCO, and Airmen’s clubs; golf facilities and swimming pools.
93
Name three activities that contribute to MWR, yet are not NAFIs.
Commissary, Air Force Aid Society, and the American Red Cross.
94
List three types of claims not payable with nonappropriated funds?
Claims arising out of the operation of a NAFI activity caused by military personnel or appropriated fund civilian employees performing assigned AF duties, even though they benefit a NAFI activity; claim of NAFI employees for personal injury or death arising out of the performance of their duties; claims arising out of activities of AF volunteers; claims that NAFI concessionaires or other contractors cause; claims arising out of the activities of private organizations; and claims arising out of NAFI activities involving contract disputes, dishonored checks, debts to NAFIs, or third party workers’ compensation claims.
95
In what manner are customer complaints involving NAF sales and services handled?
Handled by the manager of the activity or exchange officer, unless the complaints cannot be resolved or involve consequential damages, in which case the legal office handles them.
96
Where would an AAFES employee’s personnel claim for transit damage or loss in the amount of $2,000 be forwarded to for payment?
HQ AAFES, ATTN: GC-Z/CC.
97
What is the statute of limitations for submitting a use of government property claim?
Two years from the date it accrues.
98
What claims are payable under chapter 5, AFI 51–501, Tort Claims?
Claims payable under UGPCA are:
(1) The claim is for property damage, personal injury, or death. Payment for personal injury or death claims is limited to costs of reasonable medical, hospital, and burial expenses actually incurred and not otherwise furnished or paid by the US.
(2) The damage, injury, or death was caused by a military member or civilian employee of the AF, whether acting within or outside the scope of employment.
(3) The damage, injury, or death was a result of the use of a government vehicle at any place or from the use of other government property on a government installation.
(4) The claim is not payable under any other provision of law except Article 139, UCMJ.
99
Who may approve a UGPCA claim?
The chief and branch chiefs, AFLOA/JACC; the SJAs of 3AF, 5AF, AFSOC (for USSOCOM), and 9AF (for USCENTCOM); and the SJAs of each AF installation.
100
What is the maximum amount payable on a claim under the UGPCA?
$1,000.
101
What is the remedy for a claim under the AFACA that is filed past the statute of limitations?
There isn’t any remedy. The claimant must settle with the AF within two years from the date the cause of action arises. After this time period, there is no authority for administrative settlement of an admiralty claim.
102
Upon receipt of an admiralty claim, who should be notified?
JACC.
103
What is the Navy’s participation in an AF admiralty claims survey?
It is limited to arranging the attendance of a contract marine surveyor and confirming the arrangements with JACC.
104
What is the maximum amount payable by the SecAF on an admiralty claim without certification to Congress?
$500,000.
105
What is the maximum amount payable by TJAG on an admiralty claim?
$100,000.
106
What is the maximum payable on an ANG claim without referral to the treasury for payment?
$100,000.
107
How is the statutory time period for filing computed?
Exclude the day of the incident and include the day the claim was filed.
108
Before payment of an NGCA claim, what must the claimant do?
Sign a settlement agreement.
109
What action may be taken by a claimant who is dissatisfied with the denial of their claim under the NGCA?
The claimant can appeal within a reasonable time, normally within 60 days after denial.
110
When are the CAP and its members deemed to be an instrumentality of the US?
When the CAP and its members are performing AF assigned missions, they are deemed to be an instrumentality of the US for civil liability purposes.
111
What CAP claims are payable under AFI 51–501, chapter 5?
Claims for personal injury, death, or property damage that arise from the negligent or wrongful acts or omissions of the CAP or its members during activities related to AF assigned missions.
112
How are claims for damage to or loss of government property on loan to CAP processed?
Under report of survey procedures.
113
Before commanders and JA legally obligate the US by local military agreements, what action must be taken?
They must have specific approval of JACC.
114
Explain the terms “receiving state” and “sending state.”
Under the NATO SOFA, the “receiving state” is the state receiving visiting forces and the “sending state” is the state sending forces.
115
What agency has single service claims responsibility for all SOFA claims arising in the US?
The Army.
116
What should you do if approached by an individual who is an inhabitant of a foreign country and this person wants information about filing a claim?
Direct the person to the appropriate receiving state.
117
What should you do if you actually receipt for a claim in your office from a member who is an inhabitant of a foreign country?
Send it to the US sending state office with responsibility for that country, which will then forward it to the appropriate receiving state.
118
What types of incidents are excluded from payment by the IACA?
Claims caused by US enemy actions or actions of US forces in combat and torts committed by contractor personnel.
119
What is the Foreign Claims Act designed to do?
Promote and maintain friendly relations with foreign countries and their inhabitants by paying claims for death, personal injury, or property damage, caused by the negligent or wrongful acts of military members or civilian employees of the US armed forces, or arising out of noncombat activities of such forces.
120
When may a claim be filed orally under the Foreign Claims Act?
If based on local custom.
121
What is the purpose of the Foreign Claims Commission?
Promptly settle meritorious claims in foreign countries where US armed forces personnel are assigned.
122
In what currency does the Foreign Claims Commission pay the claimant?
In the currency of the country where the incident occurred.
123
In order to obtain payment from the judgment fund, what action must the Foreign Claims Commission take?
The FCC must return a copy of the paid voucher for the initial $100,000 payment to JACC.
124
What agency investigates, adjudicates, and settles all medical malpractice claims arising within the US?
AFLOA/JACC.
125
What services do medical law consultants provide?
Medical legal services to the MTF/CC and staffs of the facility to which they are assigned and to MTF/CCs within their regions either directly or through reach-back by base SJA.
126
Who prepares the seven-point memorandum?
Base legal office personnel.
127
What is the first step you must accomplish when a real estate claim is received by the legal office?
Determining if the claim is eligible.
128
What are considered non-reimbursable expenses in a real estate claim?
Owner’s title insurance policy, interest on loans, points, and mortgages, property taxes, operation or maintenance cost, expenses that result from residence construction or VA funding fee.
129
When a claimant is represented by an attorney, what must be designated on the voucher for payment?
The voucher for payment designates both the claimant and the attorney as payees, using the attorney’s address.
130
What forms are used to pay a Federal Tort Claims Act claim filed for $26,000 and approved in full?
FMS Forms 195, 196, and 197a, and SF Form 95.
131
If claims jurisdictions in the continental United States (CONUS) needed changes to bedesignated or approved, the a.Air Force Legal Operations Agency, Claims and Tort Litigation Division (AFLOA/JACC) willbe the responsible agency. b.Judge Advocate General will request guidance from the office of the US attorney general.c.Department of Defense will disseminate guidance to all Staff Judge Advocates.d.Department of Justice will disseminate guidance to all Staff Judge Advocates.
a.Air Force Legal Operations Agency, Claims and Tort Litigation Division (AFLOA/JACC) willbe the responsible agency.
132
If a person submits a claim to replace damaged uniform and clothing items without any negligence on their part, a.the issuing unit is responsible for replacement in accordance with AFI 51–501.b.the total active federal military service requirements listed in AFI 51–301 will apply.c.consult with the staff judge advocate on the unit’s responsibilities listed in AFI 51–502.d.the claim can be researched by first reviewing the guidance found in AFMAN 23–110.
d.the claim can be researched by first reviewing the guidance found in AFMAN 23–110.
133
What Air Force Instruction (AFI) provides guidance for the investigation of groundaccidents? a.AFI 51–501.b.AFI 51–502.c.AFI 51–503.d.AFI 51–604.
c.AFI 51–503
134
Who is responsible for monitoring tort litigation for and against the United States arising outof Air Force activities? a.Chief, Claims and Tort Litigation Division (AFLOA/JACC).b.Chief, Air Force Claims Service Center (AFCSC).c.Installation Staff Judge Advocate (SJA).d.The Judge Advocate General (TJAG).
d.The Judge Advocate General (TJAG).
135
Who is responsible for conducting periodic claims audits?a.Chief, Air Force Claims Service Center (AFCSC) and Chief, Tort Claims Field Support Center(TCFSC). b.Chief, Air Force Claims Service Center (AFCSC) only.c.Major Commands (MAJCOM) and Numbered Air Force (NAF) Staff Judge Advocates (SJA).d.MAJCOM SJAs only.
c.Major Commands (MAJCOM) and Numbered Air Force (NAF) Staff Judge Advocates (SJA).
136
Claims arising from natural disasters generally fall under what claims act?
a. Military Claims Act (MCA).
b. Federal Tort Claims Act (FTCA).
c. Air Force Admiralty Claims Act (AFACA).
d. Military Personnel and Civilian Employees’ Claims Act (MPCECA).
d.Military Personnel and Civilian Employees’ Claims Act (MPCECA).
137
What information is shown on the face of a photograph for a claims investigation?
a. Do not mark the face of the photograph.
b. Date and time photograph was taken.
c. Name and grade of photographer.
d. Claim number.
a.Do not mark the face of the photograph.
138
When a claim is filed within your office, when may you accept a gift or financial rewardfrom the claim? a.Never.
b. When given permission from the base Staff Judge Advocate (SJA).
c. When given permission from the Claims and Tort Litigation Division (AFLOA/JACC).
d. In accordance with DOD 5500.7−R, Joint Ethics Regulation (JER).
a.Never
139
After an incident occurs, what should you do when it appears likely the Air Force may incursubstantial liability or that a claim may be filed?
a. Open a claim in the Armed Forces Claims Information Management System.
b. Notify The Judge Advocate General (TJAG).
c. Collect and preserve evidence.
d. Notify the Tort Claims Field Support Center (TCFSC).
c.Collect and preserve evidence
140
What must be done within 24 hours after the base Staff Judge Advocate (SJA) initiallyreports an incident using the Judge Advocate General (JAG) Accident Incident Report system?
a. Submit a written report.
b. Prepare a master file of the incident.
c. Advise of any related claims submission.
d. Contacted by the Claims and Tort Litigation Division (AFLOA/JACC).
a.Submit a written report
141
What is the first thing that must be done before a claim can be properly adjudicated and settled under Air Force Instruction (AFI) 51–502?
a. Determine the claim is valid.
b. Determine the claim is within your jurisdiction.
c. Determine the claim does not exceed $100,000 in value.
d. Verify the claim is being filed within 75 days of the carrier’s delivery.
b. Determine the claim is within your jurisdiction.
142
Which incident is not payable under AFI 51–502, Personnel and Government Recovery Claims, chapter 2?
a. A privately owned vehicle (POV) vandalized on base.
b. Household goods (HHG) lost in shipment.
c. Secured bicycle stolen at government quarters.
d. Government-issued duffel bag lost by a civilian airline while on leave.
d. Government-issued duffel bag lost by a civilian airline while on leave.
143
Under AFI 51–502, Personnel and Government Recovery Claims, chapter 2, what information must first be determined before a partial payment can be made?
a. The claimant has a claim.
b. A hardship situation exists.
c. The claim must result from a natural disaster.
d. A claimant exercised due diligence to protect their property.
b. A hardship situation exists.
144
To compute the days for determining statute of limitations on a household goods (HHG) claim,
a. include both the date of incident and the date claim is filed.
b. exclude both the date of incident and the date claim is filed.
c. exclude the date of incident and include the date claim is filed.
d. include the date of incident and exclude the date claim is filed.
c. exclude the date of incident and include the date claim is filed.
145
In accordance with the Air Force Claims Service Center Action Officer Handbook, how many base installation responsibilities do overseas bases have when assisting claimants with their claims?
a. Five.
b. Six.
c. Seven.
d. Eight.
c. Seven
146
Upon request from the Air Force Claims Service Center (AFCSC) to perform a claims inspection, how many calendar days do you have to complete the inspection and send the inspection report to the AFCSC?
a. 7.
b. 10.
c. 14.
d. 30.
a. 7.
147
During a claims inspection, how do you describe the location of damage on the inspection report?
a. As you are facing the item.
b. As you are using the item.
c. By taking photographs of the item only.
d. By taking photographs and then describing the damage as you are using the item.
a. As you are facing the item.
148
A settlement authority may completely deny a claim when
a. fraud was intended.
b. fraud was inadvertent.
c. the settlement authority suspects fraud.
d. the entire claim is substantially tainted by fraud.
d. the entire claim is substantially tainted by fraud.
149
After receiving a tort claim for less than $5,000, what should a paralegal do first?
a. Forward the claim to the Nonappropriated Fund Instrumentality (NAFI).
b. Prepare a Department of Justice (DOJ) settlement agreement form.
c. Forward the original claim to the Claims and Tort Litigation Division (JACC).
d. Open the claim in the Armed Forces Claims Information Management System (AFCIMS).
d.Open the claim in the Armed Forces Claims Information Management System (AFCIMS).
150
After receiving a claim involving an Army and Air Force Exchange Service (AAFES)negligent employee, what should a paralegal do after sending a copy of the claim to AAFES?
a. Forward the claims file to AAFES for payment.
b. Forward the original claim to the Air Force Claims Service Center (AFCSC).
c. Forward the original claim to the Claims and Tort Litigation Division (JACC).
d. Prepare a Nonappropriated Fund Instrumentality (NAFI) settlement agreement form.
d.Prepare a Nonappropriated Fund Instrumentality (NAFI) settlement agreement form.
151
After settling a Military Claims Act (MCA) small claim for $2,200, and receiving a signedsettlement agreement, send the settlement agreement along with the voucher to
a. the Defense Finance and Accounting Service (DFAS) voucher box.
b. your local DFAS office.
c. the Tort Claims Field Support Center (TCFSC) voucher box.
d. the Air Force Claims Service Center (AFCSC) voucher box.
d.the Air Force Claims Service Center (AFCSC) voucher box.
152
After recommending denial of an appeal under the Military Claims Act (MCA), you must
a. forward the file to the Air Force Claims Service Center (AFCSC).
b. forward the file to Air Force Legal Operations Agency (AFLOA/JACT).
c. forward the file to Claims and Tort Litigation Division (AFLOA/JACC).
d. do nothing; final denial procedures end at base level.
c.forward the file to Claims and Tort Litigation Division (AFLOA/JACC).
153
What do you do with your investigative file once the Claims and Tort Litigation Division(AFLO/JACC) has resolved the claim?
a. Destroy it.
b. Keep your copy for two years.
c. Forward it to the Air Force Claims Service Center (AFCSC) to be archived.
d. Forward it to the Tort Claims Field Support Center (TCFSC) to be kept with the original file.
a.Destroy
154
If you receive a Freedom of Information Act (FOIA) or Privacy Act (PA) request for aclaim adjudicated by the Claims and Tort Litigation Division (AFLOA/JACC), you mustimmediately
a. process the request.
b. forward the request to the Numbered Air Force (NAF) Staff Judge Advocate (SJA).
c. forward the request to Claims and Tort Litigation Division AFLOA/JACC.
d. forward the request to the Major Command (MAJCOM) SJA.
c.forward the request to Claims and Tort Litigation Division AFLOA/JACC.
155
What is the maximum amount per claimant The Judge Advocate General may make advancepayments?a.$100,000.
b. $125,000.
c. $150,000.
d. $200,000.
a.$100,000
156
Whom must you receive authorization from before attempting to assert a claim for moniesto be recovered from a foreign government?
a. The Department of Justice (DOJ).
b. The Judge Advocate General (TJAG).
c. The Commander, Air Force Legal Operations Agency (AFLOA/CC).
d. The Claims and Tort Litigation Division (AFLOA/JACC).
d.The Claims and Tort Litigation Division (AFLOA/JACC).
157
When the litigation of a government claim (G-claim) is complete, who must you send thefinal report to?
a. The Judge Advocate General (TJAG).
b. The Numbered Air Force (NAF) Staff Judge Advocates (SJA).
c. The Claims and Tort Litigation Division (AFLOA/JACC).
d. The Major Command (MAJCOM) SJA.
c.The Claims and Tort Litigation Division (AFLOA/JACC).
158
When asserting a claim, if a tortfeasor fails to respond to two demand letters, what shouldthe Staff Judge Advocate (SJA) do next?
a. File suit in federal district court.
b. Forward the file to the US attorney.
c. Contact the Department of Justice (DOJ).
d. Forward the file to the Claims and Tort Litigation Division (JACC).
d.Forward the file to the Claims and Tort Litigation Division (JACC).
159
In litigation of a government claim (G-claim), if payment is not received within 18 monthsof the incident date, what should the staff judge advocate (SJA) do next?
a. File suit in federal district court.
b. Refer the claim to the US attorney.
c. File suit in the tortfeasor’s state court.
d. Refer the claim to the Claims and Tort Litigation Division (JACC).
b.Refer the claim to the US attorney
160
If a claim is filed for the willful damage or wrongful taking of property caused by Air Force military personnel as a result of riotous, violent, or disorderly conduct, it is a(n)
a. Civil Air Patrol claim.
b. Anti-government claim.
c. Article 139, Uniform Code of Military Justice (UCMJ) claim.
d. Air National Guard claim.
c. Article 139, Uniform Code of Military Justice (UCMJ) claim.
161
Once the appointing commander takes action to have an award amount deducted from the offender’s pay for a claim under Article 139, Uniform Code of Military Justice (UCMJ), what appellate rights does an offender or claimant have?
a. The award is not subject to appeal by the offender or claimant.
b. Appeals are forwarded to Claims and Tort Litigation Division (AFLOA/JACC) for disposition.
c. The offender has 60 days to appeal.
d. The claimant has 60 days to appeal.
a. The award is not subject to appeal by the offender or claimant
162
What agency is considered a Nonappropriated Fund Instrumentality (NAFI)?
a. Commissary.
b. Golf facilities.
c. American Red Cross.
d. Air Force Aid Society.
b. Golf facilities
163
If a golf course manager has knowledge of a dangerous condition requiring netting to contain errant golf balls within the confines of the golf course, but fails to take action to purchase the netting, a claim for damages resulting from that failure would be paid by
a. Tort Claims Field Support Center (TCFSC) funds. b. Air Force Claims Service Center (AFCSC) funds.
c. appropriated funds.
d. nonappropriated funds.
d. nonappropriated funds.
164
When there is doubt as to whether a Nonappropriated Fund Instrumentality (NAFI) claim should be paid from appropriated or nonappropriated funds, how should an advance payment be made to prevent a hardship on a claimant?
a. Approve the claim, but defer the payment.
b. Defer the entire claim until the correct funding source is determined.
c. Initially pay from appropriated funds and determine the correct funding source later.
d. Initially pay from nonappropriated funds and determine the correct funding source later.
c. Initially pay from appropriated funds and determine the correct funding source later.
165
If an Air Force member driving a government vehicle (GOV) kicks up a rock and damages the windshield of a privately-owned vehicle (POV), this claim would be payable under the
a. Military Claims Act (MCA).
b. Federal Tort Claims Act (FTCA).
c. Use of Government Property Claims Act (UGPCA). d. Military Personnel and Civilian Employees’ Claims Act (MPCECA).
c. Use of Government Property Claims Act (UGPCA).
166
If a claimant submits a claim under the Use of Government Property Act (UGPCA), the maximum award they can receive is
a. $500.
b. $1,000.
c. $1,500.
d. $2,000.
b. $1,000
167
What level of authority processes Air Force Admiralty Claims Act (AFACA) claims?
a. Aviation and Admiralty Law Branch (AFLOA/JACC).
b. Numbered Air Force (NAF) legal office.
c. Base legal office.
d. Major Command (MAJCOM) legal office.
a. Aviation and Admiralty Law Branch (AFLOA/JACC).
168
Who has the authority to settle an Air Force Admiralty claim in the amount of $50,000 for salvage services the Air Force performs?
a. The Judge Advocate General (TJAG).
b. Deputy, Judge Advocate General (DJAG).
c. Secretary of the Air Force (SecAF).
d. Director, Aviation and Admiralty Law Branch (AFLOA/JACC).
c. Secretary of the Air Force (SecAF).
169
Tort claims resulting from activities of Air National Guard (ANG) technicians (32 U.S.C. § 709) are settled under the Federal Tort Claims Act (FTCA) because ANG
a. technicians are considered on active duty.
b. technicians are considered federal employees.
c. technicians’ activities are considered “incident to service.”
d. technicians are acting within the scope of their employment.
b. technicians are considered federal employees.
170
Under the National Guard Claims Act (NGCA), when may a claimant amend their claim?
a. Any time prior to final action.
b. 30 days after initial filing of the claim.
c. 60 days after initial filing of the claim.
d. 120 days after initial filing of the claim.
a. Any time prior to final action.
171
When making an offer of settlement to a claimant who presents a claim under the National Guard Claims Act (NGCA), the claims office should
a. not negotiate any further.
b. send the settlement offer by certified mail.
c. continue negotiations until a settlement is agreed upon.
d. not make payment unless it is accepted in full satisfaction.
d. not make payment unless it is accepted in full satisfaction.
172
For payment of an Air National Guard (ANG) claim in which the claimant is represented by an attorney, who is designated as the payee on the voucher for payment?
a. The attorney only.
b. The claimant only.
c. The claimant’s bank.
d. The claimant and the attorney.
d. The claimant and the attorney.
173
What function is not a primary mission of the Civil Air Patrol (CAP)?
a. Aerospace education.
b. Cadet programs.
c. Emergency services.
d. Ground combat education.
d. Ground combat education.
174
When Civil Air Patrol (CAP) personnel suffer injury or death incident to active service involving an Air Force assigned mission, under what claims act is the claim settled?
a. Military Claims Act (MCA), chapter 3, AFI 51–501. b. Federal Tort Claims Act (FTCA), chapter 2, AFI 51–501.
c. Federal Employee’s Compensation Act (FECA).
d. None, CAP personnel are barred from claiming because of the “incident to service” rule.
c. Federal Employee’s Compensation Act (FECA).
175
When settling claims under the terms of an international agreement overseas, you must have the specific approval of
a. the Department of Defense (DOD).
b. the Judge Advocate General (TJAG).
c. the Secretary of the Air Force (SecAF).
d. the Claims and Tort Litigation Division (AFLOA/JACC).
d. the Claims and Tort Litigation Division (AFLOA/JACC).
176
If you are processing a North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA) international agreement claim in the US, the responsibility for settling such claims lies with
a. the Department of Defense (DOD).
b. The Judge Advocate General (TJAG).
c. the Secretary of the Air Force (SecAF).
d. the Army.
d. the Army.
177
Unless delegated, settlement for claims under the Foreign Claims Act (FCA), may only be accomplished by
a. Foreign Claims Commission (FCC) or Secretary of the Air Force (SecAF).
b. The Judge Advocate General (TJAG) or Secretary of the Air Force (SecAF).
c. FCC or Claims and Tort Litigation Division (AFLOA/JACC).
d. TJAG or AFLOA/JACC.
a. Foreign Claims Commission (FCC) or Secretary of the Air Force (SecAF).
178
If a claim is settled under the Foreign Claims Act (FCA) for more than $100,000, where must it be reported to for payment?
a. Department of Justice (DOJ).
b. Air Force Claims Service Center (AFCSC).
c. Claims and Tort Litigation Division (AFLOA/JACC). d. Department of the Treasury.
d. Department of the Treasury.
179
If an installation Staff Judge Advocate (SJA) in United States Air Forces in Europe (USAFE) wants to pay a medical malpractice claim within their settlement authority, what agency/person must they obtain approval?
a. The judge advocate general (TJAG).
b. Claims and Tort Litigation Division (AFLOA/JACC). c. Major command (MAJCOM) SJA.
d. Regional medical law consultant (MLC).
b. Claims and Tort Litigation Division (AFLOA/JACC).
180
Which is not generally considered a reimbursable real estate claim expense?
a. Broker’s fees.
b. Veteran Affairs (VA) funding fee.
c. Advertising expenses.
d. State revenue stamps.
b. Veteran Affairs (VA) funding fee.
181
What is the first step in when receiving a real estate claim?
a. Determine if the claim filed is an eligible claim.
b. Identify the nonreimbursable expenses.
c. Identify the reimbursable expenses.
d. Forward claim to AFLOA/JACC.
a. Determine if the claim filed is an eligible claim.
182
After a Federal Tort Claims Act (FTCA) claim is approved for $59,000, which form(s) is/are used for payment?
a. Department of Defense (DD) Form 1131.
b. Standard Form (SF) 1034.
c. Standard Form 1199A.
d. Financial Management Service (FMS) Forms 195, 196, and 197 and SF Form 95.
d. Financial Management Service (FMS) Forms 195, 196, and 197 and SF Form 95.
