PROPOSAL FOR INSERTION IN NEXT SUPPORT BULLETIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04724A000200050028-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: July 27, 2000
• Sequence Number: 28
• Content Type: BULL

Approved For Release 2000/08/29 : CIA-RDP78-04724A0002000500 8-9
Nwr
ROUGH DRAFT
PROPOSAL FOR INSERTION IN NEXT SUPPORT BULLETIN
Private Property Loss Claims
In two recent decisions, the Headquarters Board of Survey has found it
necessary to recommend that the approving authority disapprove an employee's claim
for loss of his personal and household effects due to fire. The losses suffered
by these employees were more severe due to the lack of insurance coverage. The
circumstances of these cases are summarized herein so that Organization personnel
may be reminded of the necessity for making appropriate insurance arrangements
to protect their personal property to the extent considered necessary.
As a general rule, civilian departments or agencies have no statutory authority
to pay claims for personal property. Department of Defense components, however, do
have such authority. Organization employees should.
accordingly insure their privately-o ed property against the risk of loss or damage
while in transit, storage, quarters o other authorized places and situations if
they do not wish to personally accept that risk. The Organization does not provide
insurance for such poses and is no ordinarily responsible for the private
property. However, a claim from an employee might be approved under the provisions
of Regulation if loss or damage occurred without fault or personal negligence
on the part of the claimant and if on of the following elements is present:
(1) When security or cover considerations preclude recovery from an
entity which would othef\ ise be liable (e.g., insurer, public carrier,
contractor ). In other words, the claimant
has a valid claim against anothe party, but cannot process the claim be-
cause of security factors incident to service with the Organization.
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PP78-04724A000200 5PO28-9
(2) Where the organization ~ccepts responsibility for custody of
the private property and/or maintenance of the premises in which the
property is held, and where there is clear evidence of negligence attributable
to the Organization. In this connection, note should be made that while
quarters provided under authority of are considered government 25X1A
quarters, primary consideration must necessarily be given to determining
custodial and maintenance responsibility in processing claims under cited.
regulation.
(3) Where the loss is definitely a result of performance of Organization
operational duties.
In the first disapproved claim, an~ employee was transferred PCS overseas and
the Organization provided services to the employee in arranging for pick-up and
storage of his property by a commercial storage company, at Organization expense.,
The employee failed to insure because he indicated that he was not cognizant of
that personal responsibility. He mistakenly assumed that the Organization was
accepting total responsibility for the property and would do whatever was necessary
in regard to insurance. Some time later, the storage contractor's warehouse was
destroyed by fire. The contractor denied negligence and disclaimed responsibility
for the loss of the employee's property (worth several thousand dollars) because the
fire was probably attributable to a boy arsonist. The sxgxMX9 original claim and
an appeal were denied by the Organization because (1) there was no Organization
custody, or responsibility for loss of the property and (2) claimant was not pre-
cluded by security/cover considerations from seeking relief by contesting the con-
tractor's denial through legal action, or by claiming against a private insurer,
and (3) claimant failed to carry insurance.
In the other disapproved claim, the Organization reimbursed the employee for
re t .oo e r alteease
leO2&oOI~ Igele,A-KDF'78 47 as 02000500 8-overseas post, and
c~For a
 Approved For Release 2090/08/29 : CIA-RDP78-04724A000200W028-9
the organization provided heaters for his benefit and custody. A fire destroyed
the residence and all of the employee's clothing and household effects valued at
several thousand dollars. The exact cause of the fire was not definitely established,
Uy but the local fire department reported that the most likely cause was a possibly
defective heater. Although the Board was not unmindful of the magnitude and cir-
cumstances of this loss, it was necessary to disapprove the claim because Jaw
(1) The Organization had no custodial responsibility for the property and
no maintenance responsibility for the heaters or quarters,even though the premises
fell within the definition of "government quarters". Claimant was responsible for
daily care and operation of the heaters, and there was no evidence to indicate that
the heaters were defective when issued.
(2) The claimant failed to carry insurance. The circumstances of his
cover would not have precluded his making a claim against a private insurer.
(3) The loss was not related to security/cover factors of Organization service.
Approved For Release 2000/08/29 : CIA-RDP78-04724A000200050028-9
 ^ UNCLASSIFIED
CIA INTERNAL
USE ONLY
E] CONFIDENTIAL
Approved or elease 20 8/29 : - - 050028-9
TiNG AND RECORD SH
SUBJECT: (Optional)
F`roposal For Insertion In au ,.ort Bulletin
FROM:
NO
.Be.corca_i_ng decreta.ry, ead.ouarters board of
,"Juarvey
DATE
26 January P)59
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
INITIALS
to whom. Draw a line across column after each comment.)
REC'D
FWD'D
1. 25X1A
DD3 l:ttn.?
~_. The attached draft rer)laces
2
the draft recently submitted
in accordance with 11r. AIs
reouest. deveral ne;.,r words
have been added
in order to make the me,nin.p
cl arer.. ;i. r: embers and
4,
Legal ".visor h.- re c ncurred.
25X1A
f
6.
7.
9.
10.
11.
12.
13.
14.
This document is part of an Integrated
Ile, it separated from the file it must be
15.
subjected to individaat systematic revtea.
^ SECRET
FORM 6"mve&ftvsRTfens%ECJET 8/29 -RDP78-04724A090'0*"L ^
I DEC EDITIONS UU 4KE CONFIDENTIAL USE ONLY UNCLASSIFIED