32 C.F.R. § 281 app to Part 281

Current through September 30, 2024

Appendix to Part 281 - Claims Description

The Secretary of Defense is authorized to perform the claim settlement and advance decision functions for claims under the following statutes:

(a) 31 U.S.C. 3702 , concerning claims in general when there is no other settlement authority specifically provided for by law.

This includes claims involving Uniformed Services members' pay, allowances, travel, transportation, payment for unused accrued leave, retired pay, and survivor benefits, and claims for refunds by carriers for amounts collected from them for loss or damage to property they transported at Government expense; also included are other claims arising from the activity of a DoD Component. However, the Director of the Office of Personnel Management performs these functions for claims involving civilian employees' compensation and leave; and the Administrator of General Services performs these functions for claims involving civilian employees' travel, transportation, and relocation expenses.

(b) 10 U.S.C. 2575 , concerning the disposition of unclaimed personal property on a military installation.

(c) 10 U.S.C. 2771 , concerning the final settlement of accounts of deceased members of the armed forces (but not the National Guard).

Claims under this statute are actually settled under the authority in 31 U.S.C. 3702 because there is no specific settlement authority in the statute.

(d) 24 U.S.C. 420 , 10 U.S.C. 4712 , and 10 U.S.C. 9712 , concerning the disposition of the effects of a deceased person who was subject to military law at a place or command under the jurisdiction of the Army or Air Force or of deceased residents of the Armed Forces Retirement Home.

(e) 37 U.S.C. 554 , concerning the sale of personal property of members of the Uniformed Services who are in a missing status.

(f) 32 U.S.C. 714 , concerning the final settlement of accounts of deceased members of the National Guard.²

32 C.F.R. 281 app to Part 281