Claim Services
Client Legal Services offers a variety of claims services in the following areas: Affirmative Claims, Personnel Claims, and US Tort Claims. Please click on a link below for more detailed information on specific services available.
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Affirmative Claims Program
Under the Affirmative Claims Program, depending on the type of claim and facts of the case, the U.S. Government may choose to assert and collect the Government's claim for damaged property or for costs of military personnel's medical care and/or wages when they are injured by the negligent acts of another. The Federal Claims Collection Act provides a basis for the U.S. Government to recover for damage to or loss of Government property. The Federal Medical Care Recovery Act provides primary authority for the U.S. Government to recover the reasonable value of medical care and pay furnished by the United States in certain circumstances. 10 U.S.C. § 1095 permits recovery from certain third-party payers, namely health benefits insurers and automobile liability insurance carriers. Typical claims under the Affirmative Claims Program include, but are not limited to, actions against persons who cause traffic accidents that damage military vehicles or injure service members. In Korea, the U.S. Army has single-service responsibility for the Affirmative Claims Program, and will pursue a claim for the cost of damage to military property or the cost of medical care provided to service members.
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Personnel Claims (Personnel Claims Act)
- Claims and Notices with the Transportation Service Provider:
- Personal Property Claims Fact Sheet
- Inconvenience Claims Fact Sheet
- DP3 Inconvenience Claim Form
- Real Property Damage Form
- 2021 Claims and Liability Business Rules
- Claims with the Military Claims Office:
- ABC's of Claims
- DA Directive 2019-21 (Restrictions on Personnel Claims Payments)
- Article 139 Claim Packet (Willful Damage/Wrongful Taking by a Service Member)
Under the Personnel Claims Act, personnel claims are claims against the United States, by military members and civilian employees, for the fair market value of personal property lost, damaged, or destroyed incident to service. Typical claims under the Personnel Claims Act include, but are not limited to, household good shipments, hold baggage shipments, privately-owned vehicle shipments, and fire at on-post quarters. Each branch of service has its own responsibility for the processing of claims under the Personnel Claims Act, and the claims process allows the following options to file your claim: 1) Directly with the carrier for full replacement value on household goods or unaccompanied baggage shipments for all personnel; 2) On-line for U.S. Army and U.S. Air Force personnel with their respective claims service; and 3) Mail-in for U.S. Navy and U.S. Marine Corps personnel with their respective claims service. The links below provides information handouts and guidance on filing claims.
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Tort Claims (Military Claims Act)
- Property Damage, Personal Injury or Death, Tort Claim Packet
Under the Military Claims Act, tort claims are claims against the United States, by personnel who are determined to be inhabitants (normally residents) of the United States at the time of the incident giving rise to the claim, for death or personal injury, or damage to, or loss or destruction of property, either caused by acts or omissions of military personnel or civilian employees of the DOD acting within the scope of their employment that has been determined to be negligent or wrongful, or caused by acts incident to the noncombat activities of the Armed Services. Typical claims under the Military Claims Act include, but are not limited to, vehicle damage (Government vehicle striking your privately-owned vehicle), laundry (loss or damage from Quartermaster Laundry or any Non-Appropriated Fund laundry facility), and medical claims. In Korea, the U.S. Army has single-service responsibility for the processing of claims under the Military Claims Act, however, you may submit your claim to the Claims Office at your nearest military installation, regardless of branch of service.
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Tort Claims (Foreign Claims Act)
- (1) 협정배상:
미합중국과 대한민국간의 주한미군지위협정은 미합중국 군대 구성원의 부주의로 인한 과실로 인해 야기된 재산손실 및 인신피해에 관해 대한민국 국민이 청구권을 행사하도록 허용하고 있습니다. 이것에는 훈련피해나 교통사고로 인해 발생된 피해도 포함됩니다. 이 청구권은 사고 장소 혹은 청구인의 주소지 관할 검찰청 산하의 지구배상심의회에 행사하실 수 있습니다. 다음의 연결 링크들에서 이러한 배상청구를 위한 안내, 각 지구배상심의회 연락전화번호 (예: 서울시민은 (02) 530-3628, 수원/평택시민은 (031) 210-4416) 와 주소 및 주한미군지위협정 중 청구권 조항을 제공하고 있습니다.
The Status of Forces Agreement (SOFA) between the United States and the Republic of Korea permits Korean nationals to file claims for loss or injury caused by the negligence of U.S. Armed Forces personnel. This includes damage caused by maneuvers and traffic accidents. The claimsshould be filed with the Korean District Compensation Commission located nearest the site of the incident or nearest the claimant's home. The links below provide instructions for filing SOFA claims, the phone numbers (for example: (02) 530-3628 for Seoul citizens, (031) 210-4416 for Suwon/Pyeongtaek citizens) and addresses of the Korean District Compensation Commissions and the claims provisions of the Forces Agreement.
- (2) 139조배상:
한국 국민이 신청하실 수 있는 또 하나의 청구권은 미군형법의 139조 청구권입니다. 이 법은 한국민의 재산을 고의로 훼손 또는 손실하게 한 군인 개인을 상대로 손해 배상 청구를 하도록 허용하고 있습니다. 다음의 연 결 링크들에서 이러한 배상청구를 위한 안내, 각 지구배상심의회 주소 및 주한미군지위협정 중 청구권 조항을 제공하고 있습니다.
Another special type of claim a Korean may file is a claim under Article 139 of the United States Uniform Code of Military Justice. This statute permits persons to file a claim directly against a soldier who has willfully damaged or taken their property. The link below provides instructions for filing this claim.
Related Links
US Army Claims Service's PCLAIMS system
SDDC Personal Property Business
Air Force Claims Service Center