Legal Services Claims - United States Army

1 army Regulation 27 20. Legal Services Claims Headquarters Department of the army Washington, DC. 8 February 2008. UNCLASSIFIED. SUMMARY of CHANGE. AR 27 20. Claims This major revision dated 8 February 2008-- o Clarifies authority and responsibility requirements (chapters 1, 2, 3, 4, 5, 6, 7, 8, and 14). o Removes reference and resource materials relevant to Claims policy and procedures previously included as figures in DA Pam 27-162 (the companion to this publication) and places them on the army Claims Service Web site hosted by the army 's Judge Advocate General Corps (para 1-2). o Clarifies provisions as to which Claims statutes apply, in what order, and the proper identification of related remedies (para 1-4). o Clarifies and reemphasizes the role of unit Claims officers (para 1-12). o Provides for use of military medical treatment facilities for examining civilian claimants even though they may not be otherwise eligible (para 1- 14). o Requires major army commands and the Chief of Engineers to provide expertise on a nonreimbursable basis, except as to temporary duty expenses, and in the case of the Corps of Engineers, additionally excludes specialized lab service expenses (paras 1-13 and 1-16).

2 O Clarifies policies related to Claims acknowledgement and revisions of filed Claims (paras 2-7 and 2-8). o Clarifies requirements related to the mirror file system (para 2-12). o Reorganizes and clarifies policy and procedure information about settlement agreements (para 2-51). o Redefines criteria related to emotional distress under the Military Claims Act (para 3-5). o Reemphasizes the exclusivity of a Status of Forces Agreement remedy (para 7- 13). o Bars paying incident-to-service Claims of foreign military members on joint exercises in foreign countries (para 10-4). o Mandates the production of management reports and Claims identification and tracking using automated procedures incorporating both database and Web technology (chap 13). o Mandates items that must be contained in the file of every claim filed against the United States (para 13-3). o Mandates that responsibility for retiring the claim file is to be placed on the office taking final action on the claim, for all Claims files other than medical malpractice Claims (para 13-4b).

3 O Expands the types of correspondence that require the use of certified mail (para 13-5). o Permits the use of private mail carriers, such as Federal Express, for correspondence with claimants in addition to certified or registered mail (para 13-5a). o Revises affirmative Claims procedures towards the goal of more participation by recovery judge advocates in developing the facts of the incident giving rise to the claim and more participation by army Claims Service through the mirror file system (chap 14). o Restructures by grouping to the extent possible all information on a single topic in one place, and adds cross-referencing where it is not. Separates, to the extent possible, policy and procedural guidance, retaining policy information in this publication and moving procedural guidance to DA Pam 27- 162. These changes have occurred throughout the publication but special attention was given to chapters 1 and 2 (throughout). o Updates and corrects all references to United States Code cites, regulatory, and administrative materials throughout the publication (throughout).

4 O Examines thoroughly the impact of the Health Insurance Portability and Accountability Act on Claims processing policies and adds text references to and discussion of the Health Insurance Portability and Accountability Act, where deemed necessary (throughout). o Rescinds DA Form 1667, Claims Journal for (Personnel) (Tort) (Affirmative). Claims . Headquarters * army Regulation 27 20. Department of the army Washington, DC. 8 February 2008 Effective 8 March 2008. Legal Services Claims been assigned single-service Claims re- This regulation contains management con- sponsibility, this regulation applies to trol provisions and identifies key manage- Claims generated by the other Armed ment controls that must be evaluated (see Services . During mobilization, chapters appendix B). and policies contained in this regulation may be modified by the proponent. Supplementation. Supplementation of this regulation and establishment of com- Proponent and exception authority.

5 Mand and local forms are prohibited with- The proponent of this regulation is The out prior approval from The Judge Judge Advocate General. The proponent Advocate General, ATTN: DAJA-ZA, has the authority to approve exceptions or 2200 army Pentagon, Washington, DC. waivers to this regulation that are consis- 20310 2200. tent with controlling law and regulations. The proponent may delegate this approval Suggested improvements. Users are authority, in writing, to a division chief invited to send comments and suggested within the proponent agency or its direct improvements on DA Form 2028 (Recom- History. This publication is a major reporting unit or field operating agency, in mended Changes to Publications and revision. the grade of colonel or the civilian equiv- Blank Forms) directly to the Commander, alent. Activities may request a waiver to army Claims Service, 4411 Llewel- Summary. This regulation sets forth this regulation by providing justification guiding policies and Legal principles for lyn Avenue, Fort Meade, MD.

6 That includes a full analysis of the ex- 20755 5360. investigating, processing, and settling pected benefits and must include formal Claims against, and in favor of, the United Distribution. This publication is availa- review by the activity's senior Legal offi- States . This publication is intended to be cer. All waiver requests will be endorsed ble in electronic media only and is in- used as guiding policy for the procedures in DA Pam 27 162. by the commander or senior leader of the tended for command levels B, C, D, and requesting activity and forwarded through E for the Active army , the army Na- Applicability. This regulation applies to their higher headquarters to the policy tional Guard/ army National Guard of the the Active army , the army National proponent. Refer to AR 25 30 for specific United States , and the army Guard/ army National Guard of the United guidance. Reserve. States , and the army Reserve. Under certain circumstances, it applies to De- army management control process.

7 Partment of Defense civilian employees. In countries where the army has Contents (Listed by paragraph and page number). Chapter 1. The army Claims System, page 1. Section I. Introduction, page 1. Purpose 1 1, page 1. References 1 2, page 1. Explanation of abbreviations and terms 1 3, page 1. Claims authorities 1 4, page 1. Command and organizational relationships 1 5, page 2. Designation of Claims attorneys 1 6, page 3. *This publication supersedes AR 27 20, dated 1 July 2003, and it rescinds DA Form 1667, dated April 1988. AR 27 20 8 February 2008 i UNCLASSIFIED. Contents Continued The Judge Advocate General 1 7, page 3. army Claims mission 1 8, page 3. Section II. Responsibilities, page 4. Commander, army Claims Service 1 9, page 4. Responsibilities and operations of command Claims Services 1 10, page 5. Responsibilities and operations of area Claims offices 1 11, page 5. Responsibilities and operations of Claims processing offices 1 12, page 6.

8 Chief of Engineers 1 13, page 7. Commanding General, army Medical Command 1 14, page 7. Chief, National Guard Bureau 1 15, page 8. Commanders of army Commands and army Service Component Commands 1 16, page 8. Section III. Policies, page 8. Claims policies 1 17, page 8. Release of information policies 1 18, page 9. Single-service Claims responsibility (DODI and DODD ) 1 19, page 10. Cross-servicing of Claims 1 20, page 10. Disaster Claims planning 1 21, page 11. Claims assistance visits 1 22, page 11. Annual Claims award 1 23, page 11. Chapter 2. Investigation and Processing of Claims , page 11. Section I. Claims Investigative Responsibility, page 11. General 2 1, page 11. Identifying Claims incidents both for and against the Government 2 2, page 11. Delegation of investigative responsibility. 2 3, page 12. Section II. Filing and Receipt of Claims , page 13. Procedures for accepting Claims 2 4, page 13. Identification of a proper claim 2 5, page 13.

9 Identification of a proper claimant 2 6, page 14. Claims acknowledgment 2 7, page 15. Revision of filed Claims 2 8, page 15. Section III. Processing of Claims , page 15. Action upon receipt of claim 2 9, page 15. Opening claim files 2 10, page 16. Arrangement of files 2 11, page 16. Mirror file system 2 12, page 16. Transfer of Claims among Armed Services branches 2 13, page 17. Use of small Claims procedures 2 14, page 17. Determination of correct statute 2 15, page 17. Unique issues related to environmental Claims 2 16, page 20. Related remedies 2 17, page 20. Section IV. Investigative Methods and Techniques, page 20. Introductory note to investigative methods and techniques 2 18, page 20. ii AR 27 20 8 February 2008. Contents Continued Importance of the Claims investigation 2 19, page 20. Elements of the investigation 2 20, page 20. Use of experts, consultants, and appraisers 2 21, page 20. Conducting the investigation 2 22, page 21. Section V.

10 Determination of Liability, page 21. Introductory note to determination of liability 2 23, page 21. General 2 24, page 21. Constitutional torts 2 25, page 21. Incident to service 2 26, page 21. Federal Employees Compensation Act and Longshore and Harbor Workers' Compensation Act Claims exclusions 2 27, page 22. Statutory exceptions 2 28, page 22. Other exclusions 2 29, page 22. Statute of limitations 2 30, page 23. Federal employee requirement 2 31, page 23. Scope of employment requirement 2 32, page 23. Section VI. Determination of Damages, page 23. Introductory note to determination of damages 2 33, page 23. Applicable law 2 34, page 23. Collateral source rule 2 35, page 24. Subrogation 2 36, page 24. Section VII. Evaluation, page 24. Introductory note to evaluation 2 37, page 24. General rules and guidelines 2 38, page 24. Joint tortfeasors 2 39, page 25. Structured settlements 2 40, page 25. Section VIII. Negotiations, page 25. Introductory note to negotiations 2 41, page 25.