Contents
- (a) Under such regulations as the Secretary of the Army or Sec…3 changes
- (b) A claim may be allowed under subsection (a) only if— For t…1 change
- (c) Payment may not be made under this section for reimburseme…
- (d) If the Secretary concerned considers that a claim in exces…2 changes
- (e) Except as provided in subsection (d), no claim may be paid…
- (f) Under regulations prescribed by the Secretary concerned, a…3 changes
- (g) Notwithstanding any other provision of law, the settlement…
- (h) In this section, “settle” means consider, ascertain, adjus…
(b)A claim may be allowed under subsection (a) 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 armed conflict 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 the war or armed conflict is terminated;
(2)it is not covered by section 2734 of title 10 or section 2672 of title 28;
(3)it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;
(4)the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and
(5)it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
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