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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13666
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Had simple stolen personal property luggage in USAF hotel

Customer Question

Had simple stolen personal property luggage in USAF hotel secure Luggage Storage room. Claims office decline Larceny as misplaced "does not matterand since not available not hotel responsibility" thereby no proper settlement for missing listed items $1041 without receipts. Is this legal to deny Larceny, it was reported to SF police immediately and Hotel stated it was under investigation, but 3 months later denied "investigation" and Mgt state not responsible?
JA: Are you overseas or stateside?
Customer: Now stateside but processed my approve complaint through JBLM McChd AB, Inspector General Jun 2015 and Jun 16 and Yokota AB Claims have acknowledged the case, but denied Larceny Jun 2016
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes, McChord AB Inspector General states my violation of regulations is proper, but the Yokota AB the claims office is properly acknowledged claim and only $230 with receipts. Want full restituion for denial, negligence and inappropriate handling of case.
JA: Anything else you want the lawyer to know before I connect you?
Customer: just simple reply if I have valid complaint
Submitted: 2 months ago.
Category: Military Law
Customer: replied 2 months ago.
VIOLATION OF USAF REG >>
>AIR FORCE INSTRUCTION 1-1 Adhere to higher standards than those expected in civil***** *****fe; adhere to the standards set out in the Uniform Code of Military Justice (UCMJ). VIOLATION> infringement or breach, as of a law, rule, right.
>UCMJ Article 121 LARCENY> - wrongful appropriation>Any person subject to this chapter who wrongfully withholds, by any means, from the possession of the owner or of any other person personal property, or article of value of any kind. MALFEASANCE- comprehensive term used in both civil and Criminal Law to describe NEGLIGENCE> conduct which falls short of reasonable standards for protecting a person from foreseeable risks of harm.
>AF REG HOTELS AFI34-135 24 NEGLIGENCE> 1.2.8.1>lodging stds,policies; 1.3>service responsibilities; 3.8>luggage storage, conduct which falls short of reasonable standards for protecting a person from foreseeable risks of harm
>AFI36-703 >7.4. Ethical Conduct>breach of duty care, conduct contributes to injury, denial, misdeed, wrongful act.
>AFI36-703 1 CIVILIAN CONDUCT AND RESPONSIBILITY**HOTEL* >CH 1 Perform official duties lawfully and comply with ethical standards of conduct; 7.4. Ethical Conduct>breach of duty care, conduct contributes to injury, denial, misdeed, wrongful act.
>939. ARTICLE 139. REDRESS OF INJURIES TO PROPERTY> RESTITUTION- 1)returning to the proper owner property or the monetary value of loss...restitution is made part of a judgment in negligence 2) in criminal cases, one of the penalties imposed is requiring return of stolen goods to the victim or payment to the victim for harm caused, .
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Was this a DOD entity (the hotel)?

Customer: replied 2 months ago.
USAF Yokota AB Lodging hotel. Seeking restitution for harm due to denial, negligence and violation of regulations. Although the claims office states, I should have stayed at location to settle. Based on the negligence to not file the incident 4 days later, hotel states under investigation and no recourse, lack of appropriate legal support (Jan 2016 to current) in denial of violations Larceny, I justifiably returned to US via commercial airlines June 27, 2015(ineligble for military SA flts until late July) to process and seek lawful support from McChord AB who approved my complaint.
Expert:  P. Simmons replied 2 months ago.

Thank you
And your question today?

Expert:  P. Simmons replied 2 months ago.

I sent the offer for a phone call...are you unable/unwilling to speak on the phone regarding this?

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