Part

21 Use of Army aircraft. (Amended]

Part

22 Assistance to civil aircraft. [Amended]

Sec.

AIRCRAFT

22.4 Emergency sales. [Revised]

§22.4 Emergency sales. (a) Commanding officers of Army Air Forces stations are authorized to make emergency sales of aircraft fuel, oil, equipment, and supplies, and to furnish mechanical service, temporary shelter, and other assistance for cash in emergencies where such supplies or assistance is required in order that aircraft may continue flight to the nearest airport, on its course, operated by private enterprise.

(b) Commanding officers of Army Air Forces stations are authorized to make emergency sales of aircraft fuel, oil, equipment, and supplies and to furnish mechanical service, temporary shelter, and other assistance required to commercial aircraft being operated at the time in connection with Government contracts or other Government work, in order that aircraft may continue flight, if such aircraft has previously received permission to land at Army Air Forces stations. The aircraft fuel, oil, equipment, and supplies, mechanical service, temporary shelter, and other assistance furnished such aircraft will be furnished in the same manner as for Army Air Forces aircraft, except payment therefor must be obtained. Payment may be in the form of cash or collection may be made later on shipping ticket furnished the aircraft owner. (44 Stat. 571; 49 U.S.C. 175) (Par. 5, AR 95-50, June 18, 1942, C 1, Aug. 30, 1943, 8 F.R. 12459]

Part

Part

[Added]

[Revised]

[Amended]

PART 30-SERVICEMEN'S DEPENDENTS ALLOWANCE [ADDED]

§ 30.1 Period of entitlement and payment of family allowances. Under provisions of the Servicemen's Dependents Allowance Act of 1942, approved June 23, 1942, the Secretary of War and the Secretary of the Navy prescribe jointly the following regulations to fix the dates of commencement and termination of monthly allowances and for related action.

(a) Payments of monthly family allowances shall be for periods of full calendar months.

(b) The period of entitlement and payment of family allowances, including increases therein, shall begin the first day of the calendar month during which application is filed unless otherwise hereinafter provided:

(1) The period of entitlement and payment shall not begin prior to the first day of the calendar month during which the enlisted man enters upon active service in a pay status.

(2) The period of entitlement and payment in any case of an enlisted man who was in active service on June 23, 1942, shall begin the first day of June 1942 if he was in active service on June 1, 1942, and otherwise shall begin the first day of July 1942; provided application is filed within such period as the Secretary of the department concerned approves in the special case.

(3) The period of entitlement and payment of a Class B family allowance shall begin the first day of any calendar month later than that hereinbefore prescribed when requested by the enlisted man or when so determined by the Secretary of the department concerned in any case in which it is impracticable for the enlisted man to request the payment.

States. [Amended]

(4) The period of entitlement and payment in the case of a dependent acquired after a man enters in active service in a pay status shall not begin prior to the first day of the calendar month following the month in which such dependent was acquired. Any increase in entitlement and payment shall similarly not begin prior to the first day of the calendar month following the month in which the dependent becomes eligible to such increase.

(5) The increased Government's contribution incident to the birth of a legitimate child shall be effective with the first day of the calendar month following the birth of such child.

(6) The period of entitlement and payment in the case of a dependent where an enlisted man is reduced to the fourth or lower pay grade shall be effective with the first day of the month in which such reduction occurs, except that in the case of a dependent acquired after the effective date of such reduction, the period of entitlement and payment shall not begin prior to the first day of the calendar month following the month in which such dependent was acquired.

(c) The period of entitlement and payment of family allowances shall terminate or entitlement and payment shall be decreased as follows:

(1) The period of entitlement and payment in any case of death, discharge, or change of status of the enlisted man which makes his dependents ineligible to receive family allowances, shall terminate the end of the calendar month during which notice of such death, discharge or change of status is received by the disbursing officer paying the allowances.

(2) In any case of death, change in the status of a dependent or other circumstance which terminates the eligibility of such dependent to receive a family allowance or reduces the amount thereof, the period of entitlement shall cease with the calendar month in which such death, change or other circumstance occurs. Payment shall be terminated or appropriately reduced at the end of the period of entitlement above prescribed when practicable; otherwise not later than the end of a subsequent calendar month during which the disbursing officer paying the allowance receives notice of such death, change or other circumstance.

(3) The period of entitlement and payment shall terminate as of the end of the calendar month during which any written request submitted by an enlisted man for termination of a family allowance to his Class B dependent or dependents is received by the disbursing officer paying the allowance unless the enlisted man's request is for termination at the end of a subsequent calendar month.

(d) Making or not making deductions from or charges against the pay of the enlisted man shall not operate to modify or abrogate the prescribed period of entitlement and payment of family allowances. (56 Stat. 383, 747; 37 U.S.C., Sup., 207) (Joint Regs., Sec. War, Sec. Navy, July 19, effective Aug. 1, 1943, 8 F.R. 10706]

(6) (i) Where telegraph or cable service is rendered outside the continental United States under conditions which make it impossible for the contractor or the contracting officer to secure the original telegrams or cablegrams, vouchers may be supported by copies of the original telegrams or cablegrams, together with a certificate executed by the contractor and approved by the contracting officer, setting forth the circumstances in the case and the reason that the originals of the messages required by subparagraph (1) above cannot be obtained.

(ii) Where the cost of a telegram or cablegram has been paid by a bank or similar agency and the expenditure is otherwise correct, a debit note, state

CLAIMS FOR DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY, OR FOR PERSONAL INJURY OR DEATH, INCIDENT TO NONCOMBAT ACTIVITIES OF WAR DEPARTMENT OR OF ARMY

36.12 Scope.

36.13 Acts or omissions.

36.14 Claims.

36.15 Contributory negligence.

36.16 Claims under Foreign Claims Act. 36.17 Claims of or pertaining to military

personnel or civilian employees.

36.18 Depredation.

36 19

36 20

36.21

36.22

36.23

36.25

Combat activities.

Expenses; medical, hospital, or burial. Statute of limitations.

Claims of subrogees.

Procedure.

Claims under the one hundred and fifth article of war.

36.26 Claims for damage to or loss or destruction of property or for personal injury or death caused by Army forces in foreign countries.

ENLISTED MEN ABSENT WITHOUT LEAVE, DESERTERS, AND ESCAPED MILITARY PRISONERS

36.30 Apprehension of absentees. 36.31 Definitions.

Sec.

BURIAL EXPENSES

36.50 For whom authorized. 36.51 Expenses allowable.

36.52 Burial services, how obtained. 36.53 Shipment after temporary interment.

GENERAL PROVISIONS

AUTHORITY: §§ 36.1 to 36.10, inclusive, issued under R.S. 161; 5 U.S.C. 22.

SOURCE: §§ 36.1 to 36.10, inclusive, contained in AR 25-20, Secretary of War, July 8, 1943, 8 F.R. 16779.

§36.1 Definition. The word "claims" as used in the regulations in this part refers to those demands for payment submitted by individuals, partnerships, associations, or corporations, including States, Territories, and political subdivisions thereof (but excluding the Federal Government of the United States), other than such demands for payment as arise under ordinary obligations incurred by the War Department or the Army in the procurement of services or supplies. (As to claims in favor of the United States, see §§ 37.3-37.5.) [Par. 1]

§36.2 Legal principle applicable to claims. Congress has adhered generally to the principle that, except as the claim arises under a contract, no person can have a legal claim against the United States for property damage or personal injury. Accordingly, except in certain classes of cases hereafter enumerated, it is necessary for a claimant who seeks relief to ask Congress to grant him compensation as an act of grace. [Par. 2]

§36.3 Basic regulations to govern. The general provisions of the regulations in this part so far as applicable, govern and will be followed in the investigation, processing, and disposition of all claims. [Par. 3]

§36.4 Statutory authority of the War Department and the Army. Authority to settle claims has by statute been granted to the War Department and the Army as follows:

(a) Claims for damage to or loss or destruction of property, or for personal injury or death, incident to noncombat activities of the War Department or of the Army. The act of July 3, 1943 (57 Stat. 372; 31 U.S.C., Sup., 223b) provides for the payment of claims, arising on or after May 27, 1941, for damage to or loss or destruction of real or personal property, or for reasonable medical, hospital, or burial expenses actually incurred on

account of personal injury or death, caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army, including claims for damage to or loss or destruction of registered or insured mail while in the possession of the military authorities even though resulting from criminal acts, and claims for damage to or loss or destruction of personal property bailed to the Government and for damage to real property incident to the use and occupancy thereof under a lease, express or implied, or otherwise, and including claims of the foregoing categories arising out of civil works, provided they do not exceed $500 or, if approved in time of war, provided they do not exceed $1,000. (See §§ 36.12-36.23.)

(b) Claims under Article of War 105. Article of War 105 (sec. 1 Ch. II, act of June 4, 1920; 41 Stat. 808, 10 U. S. C. 1577) provides for the payment, by the offender through stoppage of pay, of certain claims for damage to or loss or destruction of property by persons subject to military law provided such damage, loss or destruction is caused by riotous, violent or disorderly conduct, or acts of depredation, willful misconduct, or such reckless disregard of property rights as to carry an implication of guilty intent. (See § 36.25.)

(c) Claims for damage to or loss or destruction of property, or for personal injury or death, caused by Army forces in foreign country. The act of January 2, 1942 (55 Stat. 880; 31 U.S.C., Sup., 224d) as amended by the act of April 22, 1943 (57 Stat. 66), provides for the payment of claims for damage to or loss or destruction of real or personal property, and for personal injury or death, caused by Army forces, or individual members (whether military personnel or civilian employees) thereof, or otherwise incident to noncombat activities of such forces, in a foreign country to public property located therein or to the privately owned property, or to the persons, of inhabitants of such country. (See §36.26.) [Par. 4]

§36.5 Application of regulations. The following chart will govern in determining which sections in this part have application to any claim other than claims of military personnel: