This paragraph explains how to file a claim under the National Guard Claims Act.
(a) How and when filed. A claim is filed when a federal military agency receives from a claimant or duly authorized agent a properly completed SF 95 or other written and signed demand for money damages in a sum certain. Claims belonging to another agency are promptly transferred to the correct agency.
(b) Receipt of claims from State National Guard agencies. The Office of the State Adjutant General promptly sends claims it receives to the appropriate Air Force claims authority in whose geographic area the incident occurred. The report forwarded to the Air Force includes:
(1) The date, place, and nature of the incident.
(2) The names and organizations of ANG members involved, and the statutory duty status of the ANG members at the time of the incident (include copies of orders, if applicable).
(3) A scope of employment statement from the supervisors of the ANG members involved.
(4) The names of the claimants.
(5) A brief description of any damage to private property, personal injuries, or death.
(c) Claims investigations.(1) Upon receipt of a claim:
(i) It is investigated by claims office personnel responsible for the geographic area where the incident causing the claim occurred.
(ii) The investigative report includes a scope of employment statement and a copy of the orders authorizing the performance of duty by the ANG member.
(2) The State Adjutants General designate an official or office as point of contact for Air Force claims personnel and furnish necessary personnel to assist the Air Force investigation, subject to the availability of funds and personnel.
(d) Amending a claim. A claimant may amend a claim at any time prior to final action. To amend a claim the claimant or his or her authorized agent must submit a written, signed demand.
Title 32 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.