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Show HILL TOP TIMES Friday, April 19, 1985 6 (seuipoGufis bQogftcsd pirotfeetf pireseirwe issngimedl qiysfliriteir: MflDoffoiry lhiysoifDg) tf ' , Editor's Note: This is the second of two quest answer articles to resolve concerns likely to be raised ion-and- . in applying financial iiaDiuty rules ot military memoers who damage assigned quarters. By Col. R.R. Semeta Staff Judge Advocate ; Q. In talking about government .quarters, what does "negligence7' mean? Does it necessarily involve violating a regulation or restriction a housing brochure? A. Occupants have a duty to exercise ordinary care to protect and preserve assigned quarters or government-owne- d furnishings or appliances. Negligence is the failure to exercise such ordinary care 'as a reasonable occupant would have exercised under similar circumstances. It: is, therefore, a breach of a legal duty whether that duty is spelled out in a housing regulation or not. Unless there is affirmative evidence of negligence or abuse, there is no liability. The mere happening of an accident is not proof of negligence, and in doubtful cases, report of survey procedures require that members not be found liable. Finally, negligence of abuse must actually cause damage in order for liability to be imposed. The cause question is just as important as the in ' negligence. civilian renters? A. Not at all. Read any residential lease and you will see the same basic rules of liability, but without the dollar limitations or waiver authorities available to government quarters oc, cupants. Q. How do you define a housing unit? For example, does it include ill refunds? A. The only way monies can be refunded is if the member first secures relief through the Air Force Board for Correction of Military Records. Applications are available at the consolidated base personnel office. Q. What are the mechanics of a waiver request? When and how such a request made? applied to claims arising under the .: old law? A. Yes. The new limits and waiver authorities are applicable to uncollected claims arising under the old law. Therefore, if the assigned quarters damage was not due to gross negligence or willful misconduct, any un- .1 stairwells, naiiways or otner common areas in airmen dormitories? . collected indebtedness in excess of one month's pay may be canceled upon the member's request. The member may also apply for waiver of any uncollected indebtedness for assigned quarters damage even if caused by gross negligence or willful misconduct. Q. What does a member need to A. The unit is the area allotted for the exclusive use of the occupant or his family. It does not include common areas or shared facilities such as laundry rooms, stairwells, or communal latrines. In the case of dormitory rooms '' is A. When a member is formally advised that a survey officer has recommended assessment of pecuniary liability for damage to an assigned housing unit, the member can request waiver by submitting a letter to the report of. survey final approval ' authority. For damages amounting to $10,000 or less, that official is usually the base or wing commander. Any such letter should explain why the member feels all or part of the claim should be waived and may include pay involuntarily and defer the balance for settlement upon a member's separation or retirement. Is there any way the new rules can be Q. Are military quarters occupants being held to a higher or stricter liability standard than ii do in order to have an existing liability canceled and is there any time limit? A. Get a copy of the report of survey and send it with a letter to the report of survey administrator at the unit of assignment requesting cancellation of the deferred balance of the claim. "In your letter, show how if your claim had been handled under the new procedures, it would have either been limited to one month's pay or waived. The ROS administrator will refer the matter for action by the report of survey approval authority having jurisdiction over the property involved. You have one year to make such a request. Q. What about amounts already collected? Can the new rules be applied in support of a request for shared by more than one person, each member is responsible for damage he or she causes to any part of the assigned room. Q. Does this mean there's a lesser standard or care required for users of common areas (such as a television room in a dormitory or BOQ)? A. Not at all. Damage claims are simply handled under normal report of survey procedures, with the one month's basic pay limit applicable. But the legal duty to safeguard government property is the same. Q. What about transient quarters such as VOQ or TLQ? A. These are not affected by the new rules because the statute, as im-- . plemented by DOD, only applies to assigned quarters. Temporary stays in transient facilities do not, for this purpose, constitute assignments of quarters. Just as in the case of common areas within a housing complex, damage to transient quarters is handled under normal report of survey procedures but the legal duty to protect government property is the same. Q. Under the old, unlimited liability law, the Air Force policy in simple negligence cases was to collect no more than one month's basic -. . such attachments as the member desires. On the other hand, waiver determinations are required in all cases regardless of whether a request has been received. Consideration of the appropriateness of waiving all or part of a claim is automatic in any case where the approval authority has assessed pecuniary liability. Q. What if the authority decides not to waive any part of a claim? Is there an appeal? A. Yes, the member can appeal either or both the liability assessment and the waiver determination to the report of survey appeal authority which usually is the major commander. But such appeals have to be made at the same time; that is, a member can't appeal the liability assessment first and then, after being turned down, file a separate appeal of the waiver determination. Q. Let's assume the major commander agrees with the local com- ' ' i. mander and denies a waiver appeal. EE: A. :' Is that the end of the line? It is the end of the report of the survey process, but the waiver deter- mination can be reviewed one final time in the Office of the Secretary of the Air Force if the member requests remission of the debt under accounting and finance regulations. Q. I'm confused about how this whole question arises. Give me an example. , A. Upon final inspection of a family housing unit assigned to Captain X, the housing officer discovers that a government issued dining room table is broken into pieces. The housing sup 7" rm.C?. U!f I I Published by MorMedia Sales, ! 1 52 West Riverdale Road, Ogden, Utah 84405. phone 394-965Deadlines: Editorial, 4 p.m. Monday before publication date; announcements for "Around the Hill," 10 a.m. Monday before publication date; classified ads, 2 p.m. Wednesday before publication date. Articles may be turned in at Room 118, Btdg. 1 102, be tween 8 a.m. and 4 p.m. Monday through Friday. The Hill Top Times receives Air Force News Service (AFNS), AF Logistics Command News Service Tactical Air Command News Service (TACNS), and American Forces Press Service (AFPS). Unless otherwise stated, aH photos published are official U.S. (LOG-NEWS- Air Force photos. ), ply office inquires into the matter and, after considering the table's condition at the time of issue and the period of use, decides that the damage exceeds fair wear and tear. The member is asked to pay for the table but refuses. The housing supply office prepares a report of survey. The survey officer recommends assessment of liability. The member requests waiver, pointing out he was TDY to Germany when the table was broken by teenaged guests of 'his dependent son while his wife was at the base exchange. The report of survey approval authority finds the member liable under the law but decides waiver is appropriate under the circumstances. Q. Assume a member is held liable for the full amount of the government's loss in a case involving gross negligence. How does the Air Force collect the money? A. Under the new rules, there is no delay in collecting any part of the claim until the member's separation. It would be withheld from current pay but no single paycheck would be of the amount reduced below due the member. In other words, from any one paycheck would s of the normally not exceed one-thir- d col-lecti- two-third- pay due the member. heard that debts of officers could not be involuntarily collected from current pay. Is that true? A. No, both the quarters liability statute and the general collection authorities in Title 37 of the United States Code now permit involuntary collections from the pay of both officers and enlisted members on an equal basis. Q. What if I negligently set fire to my assigned dormitory room and, as a result, burn down the entire dormitory? Am I liable for the replacement cost of the entire Q. I structure?. A. No, your total liability for any single quarters damage incident would be limited to one month's basic pay. This is just the civil liability, however; and in the situation you describe you could have a court-martiproblem as well. al Q. What if, in the above example, the fire was started intentionally by the occupant. Is the liability still limited to one month's basic pay? A. No. fne liability could extend to the authorized replacement cost of the housing unit (room) in which the fire originated including the furnishings. But this does not include the damage to the rest of the dormitory. Q. Let's say I am a guest in another airman's dormitory room. I get drunk and knock a hole in the wall. What's my liability limit in that situation? A. Since the unit damaged was not assigned to you, your Hability would be limited to one month's basic pay under the regular report of survey system. If your-- host was also involved, such as by starting a fight with you which leads to the hole in the wall, then he or she could also be held liable up to the full amount of the repair costs. The legal office is available to handle any additional questions. Call them at Ext. 76756 for further , Everything advertised in the Hill Top Times must be made available for purchase, use or patronage without regard to the race, creed, color, national origin or sex of the purchaser, user or patron. A confirmed violation or rejection of this poll-- ; cy of equal opportunity by an advertiser will result in the refusal to print advertising from that source. The publisher reserves the right to cancel any advertisement at any time. |