By Daniel A. Lauretano, Supervisory Attorney Advisor, Chief, Claims Division, OSJA
A nonappropriated fund instrumentality is an organization or agency created by the U.S. under the jurisdiction of the armed forces. It is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.
A NAF instrumentality includes the Army and Air Force Exchange Service (AAFES) facilities, Exchanges, bowling centers, officers and noncommissioned officers’ clubs, theaters, and other facilities located on the installation, land or in a building used by an activity that employs personnel compensated from nonapproriated funds.
Claims may be filed against NAF instrumentalities by either NAF employees (for the loss of or damage to personal property incident to their employment) or by patrons of NAF instrumentalities for incidents arising out of negligent acts or omissions of employees of NAFI activities.
These NAF claims are processed similar to other claims against the government, and are processed by the Fort Meade Claims Office. However, payment will be made from nonappropriated funds through the Army Central Insurance Fund. When the NAF instrumentality is protected by a commercial insurer (for example, flying and parachute activities), the claim will be referred and processed by the insurer.
When incidents occur on a NAF instrumentality or because of the acts or omissions by a NAF employee, and such acts or omissions cause personal injury, death or property damage resulting from vehicular collisions, falls, falling objects, assaults or accidents of similar nature, these incidents must be immediately reported to the person in charge of the NAF instrumentality or activity at which it occurred. All NAF claims will be investigated in accordance with Army Regulation 215–1, Chapter 2.
These incidents causing a potential compensable event (death, injury, damage to property) against the government or its instrumentalities must be reported to the police, the Garrison Safety Office (301-677-2396) and the Fort Meade Claims Office.
Questions concerning NAF claims should be referred to the Claims Division, Office of the Staff Judge Advocate, 4217 Roberts Ave., Fort Meade, MD 20755-5030.
For more information, call 301-677-9960.