Appendix C to Part 282 - Submitting a Claim
32:2.1.1.1.59.0.1.6.30 : Appendix C
Appendix C to Part 282 - Submitting a Claim
(a) Who May Submit a Claim. Any person (“claimant”) may
submit a claim who has a demand for money or property against the
Government under 31 U.S.C. 3702, 10 U.S.C. 2575, 10 U.S.C. 2771, 24
U.S.C. 420, 10 U.S.C. 4712, 10 U.S.C. 9712, 37 U.S.C. 554, or 32
U.S.C. 714.
(b) Where to Submit a Claim. A claimant must submit a
claim to the Component concerned in accordance with guidance
provided by that Component. A claim that is submitted somewhere
other than to the Component concerned does not stop the running of
the time limit in paragraph (f) of this Appendix. It is the
claimant's responsibility to submit a claim properly.
(c) Format of a Claim. A claimant must submit a claim in
the format prescribed by the Component concerned. It must be
written and be signed by the claimant (in the case of a claim on
behalf of a minor or incompetent person, there are additional
requirements explained at paragraph (e) of this Appendix) or by the
claimant's authorized agent or attorney (there are additional
requirements explained at paragraph (d) of this Appendix). In
addition, it should:
(1) Provide the claimant's mailing address.
(2) Provide the claimant's telephone number.
(3) State the amount claimed.
(4) State the reasons why the Government owes the claimant that
amount.
(5) Have attached copies of documents referred to in the
claim.
(6) Include or have attached statements (that are attested to be
true and correct to the best of the individual's knowledge and
belief) of the claimant or other persons in support of the
claim.
(d) Claim Submitted by Agent or Attorney. In addition to
the requirements in paragraph (c) of this Appendix, a claim
submitted by the claimant's agent or attorney must include or have
attached a duly executed power of attorney or other documentary
evidence of the agent's or attorney's right to act for the
claimant.
(e) Claim Submitted on Behalf of a Minor or Incompetent
Person. In addition to the requirements in paragraph (c) of
this Appendix:
(1) If a guardian or committee has not been appointed, a claim
submitted on behalf of a minor or incompetent person must:
(i) State the claimant's relationship to the minor or
incompetent person.
(ii) Provide the name and address of the person having care and
custody of the minor or incompetent person.
(iii) Include an affirmation that any moneys received shall be
applied to the use and benefit of the minor or incompetent person,
and that the appointment of a guardian or committee is not
contemplated.
(2) If a guardian or committee has been appointed, a claim on
behalf of a minor or incompetent person must include or have
attached a certificate of the court showing the appointment and
qualification of the guardian or committee.
(f) When to Submit a Claim. A claimant must submit a
claim so that it is received by the Component concerned within the
time limit allowed by statute.
(1) Claimants must submit claims within these statutory time
limits: 1
1 Under Section 501 et seq. of title 50 Appendix, United
States Code, periods of active military service are not included in
calculating whether a claim has been received within these
statutory time limits.
(i) Claims on account of Treasury checks under 31 U.S.C. 3702(c)
must be received within 1 year after the date of issuance.
(ii) Claims under 31 U.S.C. 3702 (b), 10 U.S.C. 2771 and 32
U.S.C. 714 must be received within 6 years of the date the claim
accrued. (A claim accrues on the date when everything necessary to
give rise to the claim has occurred.) The time limit for claims of
members of the Armed Forces that accrue during war or within 5
years before war begins, is 6 years from the date the claim accrued
or 5 years after peace is established, whichever is later.
(iii) Claims under 10 U.S.C. 2575(d)(3) must be received within
5 years after the date of the disposal of the property to which the
claim relates.
(iv) Claims under 24 U.S.C. 420(d)(1), 10 U.S.C. 4712, and 10
U.S.C. 9712 must be received within 6 years after the death of the
deceased resident.
(v) Claims under 37 U.S.C. 554(h) must be received before the
end of the 5-year period from the date the net proceeds from the
sale of the missing person's personal property are covered into the
Treasury.
(2) The time limits set by statute may not be extended or
waived. 2 Although the issue of timeliness normally shall be raised
upon initial submission (as explained at Appendix D to this part,
paragraph (b)), the issue may be raised at any point during the
claim settlement process.
2 There is an exception for certain claims described in 31
U.S.C. 3702(e). In those cases, the Secretary of Defense may waive
the time limits in paragraph (f)(1)(ii) of this Appendix. Appendix
D of this part, paragraph (d), explains which claims qualify and
the procedures that apply.
(g) Claimant Must Prove the Claim. The claimant must
prove, by clear and convincing evidence, on the written record that
the United States is liable to the claimant for the amount claimed.
All relevant evidence to prove the claim should be presented when a
claim is first submitted. In the absence of compelling
circumstances, evidence that is presented at later stages of the
administrative process will not be considered.