Legal Advice: get replacement value for lost, damaged goods

By Capt. Nathan Lew, Camp Casey Legal CenterOctober 19, 2010

CAMP CASEY, Republic of Korea - Permanent change of station season is here again. If you find that your unaccompanied baggage or household goods arrive damaged, destroyed, or got lost, the full-replacement value claims system can help you recoup the value of those items, or a new replacement of those items.

The FRV system allows you to file directly with the carrier for the full, undepreciated replacement value of a lost or destroyed item, or a brand-new item of similar make and model.

Servicemembers and Department of Defense civilians are eligible to take advantage of the FRV system. The FRV claims system is distinguished from the Personnel Claims Act, wherein a claimant can file a claim with the Army but only recover the fair, depreciated market value of personal property that was lost, damaged, or destroyed.

Under the FRV system, you file directly with the carrier within nine months of shipment delivery. However, you must first provide notice of your intent to file a claim to the carrier within 75 days of delivery.

This is done by submitting a DD Form 1840, identifying lost, destroyed, or damaged property discovered at delivery, or a DD Form 1840R, identifying such property after delivery. You should include any facts that identify the shipment, each item for which you are seeking payment, and a demand for a certain amount of money.

If you choose to submit either of these notice forms to the Military Claims

Office to forward them to the carrier on your behalf, you must get them to the MCO within 70 days of shipment delivery. This notice must be postmarked by the deadline, so be sure to send it via certified mail with return receipt requested.

As long as you file your actual claim within nine months of delivery, the carrier is responsible for obtaining repair or replacement estimates. You may assist in this task, but you should be reimbursed for all costs incurred in obtaining the estimates, even if you later refuse the final claim settlement offer from the carrier.

The carrier is liable for the greater of $5,000 per shipment or $4 times the net weight of the shipment, up to a maximum limit of $50,000. If you believe that your shipment is worth more than $50,000, additional coverage can often be obtained from a private insurance company at your own expense.

If you miss the nine-month deadline, you can still file your claim with the MCO, but it will be paid under the depreciated-value system. Additionally, you will completely forfeit your right to file with the carrier for full-replacement value. And remember that either way, you must still file your claim within two years of shipment delivery.

The claims process can be confusing, but your local claims office will be happy to help you through it. We can help you navigate the new system, and assist with any necessary paperwork or follow up contacts with carriers. For additional information, visit your local on-post claims office.

Camp Red Cloud Legal Center: 732-6017

Camp Casey Legal Center: 730-3660

Camp Humphreys Legal Center: 753-8747