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Hello, My husband is DOD contractor and was at the end of

 
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  • Answered by:psimmons
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Hello,
My husband is DOD contractor and was at the end of his 1 year contract at Camp Phoenix Afghanistan in Feb. 2010. He came home waiting for his next contract and was told he would be returning to Camp Phoenix. He locked his belongings in his B-Hut and came home. He was not sent back to Camp Phoenix but Camp Bastion-Leatherneck instead. He was given a few days to travel from Bastion back to Phoenix to pack his belongings into a tri-wall box in June of 2010. It was taken to where it would be sent off. I'm sure it would have had to have some paperwork associated with the move. He was told he needed no paperwork and the person doing paperwork was not there anyway. He was on strict time constraints and could not wait. BotXXXXX XXXXXne is all his personal items including clothing, tools, equipment he was given by the Army...flack jacket, helmet, gas mask etc...a years worth of items has still not arrived and it's been 6 months. He's being told it was most likely stolen and without a tracking number which he was told he did not need in the first place and did not know any better to demand that he has no claim. So when he gets back home in June of 2011 and doesn't have his equipment to hand back in to the Army he will be charged $5,000 for missing items he did not lose in the first place. Besides the other $5,000 of personal property and tools. Someone at Camp Phoenix had to have paperwork and signed for this box before it was shipped and also when it was delivered to them by my husband. It's like it disappeared into space and no one really wants to take the time to help a contractor, we need to know what to do to file a claim for his belongings and the property of the US Gov't... Thank you

 

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State/Country relating to question: Afghanistan

Already Tried:
My husband spoke to everyone he could on base..He's at a British Base and they are being no help at all. He spoke to his company lead man on site and he's been no help either..

Submitted: 889 days and 9 hours ago.
Category: Military Law
Value: $35
Status: CLOSED
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Expert:  psimmons replied 889 days and 8 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

To file a claim with the government you file an SF 95 form. You can find this form here

This is the form required to demand the government pay for loss incurred as a result of negligence on the part of the government.

He has up to 2 years to file this and if the government refuses the claim he can sue them.


Let me know if you have more questions.

Customer replied 889 days and 8 hours ago.

Thank you for the information. I have reviewed the form and it looks as though it is for reimbursement for property damages. We don't know where the property is. It would actually be a claim for lost, stolen or misplaced property. Would we use this same form and just disregard the questions pertaining to damages? Thank you

Accepted Answer

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Expert:  psimmons replied 889 days and 8 hours ago.

Yes, its the same form. There is only one form.

Actually, you do not even need the form....you can handwrite the claim if you like. The form is used to try and standardize the process.

But you have to do a written claim before you can sue...so the SF 95 will "check that block"

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10180
Answered: 11/6/2010

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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Customer replied 889 days and 8 hours ago.

Accepted. Thank you very much for your help. Have a great day!

 
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