Property loss: incident to service; members of Army, Navy, Air Force, or Marine Corps and civilian employees

§ 2732. Property loss: incident to service; members of Army, Navy, Air Force, or Marine Corps and civilian employees (a) Under such regulations as the Secretary of a military department may prescribe, he or any officer designated by him may settle and pay a claim against the United States for not more than $2,500 by a civilian employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. (b) Under such regulations as the Secretary of Defense may prescribe, he or any officer designated by him has the same authority as the Secretary of a military department with respect to a claim by a civilian employee of the Department of Defense not covered by subsection (a) for damage to, or loss of, personal property incident to his service. (c) If a person named in subsection (a) or (b) is dead, the Secretary of the military department concerned or the Secretary of Defense, as the case may be, or any official designated by him, may settle and pay any claim made by the decedent’s surviving (1) spouse, (2) children, (3) father or mother, or both, or (4) brothers or sisters, or both, that arose before or after the decedent’s death and is otherwise 153covered by subsection (a) or (b). Claims of survivors shall be settled and paid in the order named. (d) A claim may be allowed under subsection (a) or (b) for damage to, or loss of, property only if— (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force is engaged or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier; (2) it did not occur at quarters occupied by the claimant within the United States that were not assigned to him or otherwise provided in kind by the United States; or (3) it was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee. (e) For the purposes of subsection (d) (1), the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (f) The Secretary of Defense and the Secretary of each military department shall report once a year to Congress on claims settled under this section during the period covered by the report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid.