Fort Benning

U.S. Army Fort Benning and The Maneuver Center of Excellence

Office of the Staff Judge Advocate Site

Claims Division

We are located at 6930 Morrison Avenue, Bldg 130, Fort Benning, GA 31905. We are closed daily from 1200-1300 and for all federal and training holidays. For assistance with a Tort Claim email: usarmy.benning.mcoe.list.torts@army.mil. For assistance with an affirmative claim email: usarmy.benning.mcoe.mbx.sja-affirmative-claims@army.mil.

Personnel Claims

Personnel claims arise from damage to personal property incident to service. These claims include damage to household goods during shipment and claims for damage in on-post quarters caused by fire, flood, unusual occurrence, theft, or vandalism. If you need assistance or guidance in filing a Personnel Claim, click the "Personnel Claims" link below.

For more information, please click the tab labeled "Personnel Claims"

***Please click this link for the press release introducing the Center for Personnel Claims Support at Fort Knox****

Tort Claims

Tort Claims arise from alleged injuries caused by government negligence. Common tort claims involve motor vehicle accidents and personal injury claims. Please email the tort claims division here.

To file a Federal Tort Claims Act (FTCA) claim, you must submit a completed Standard Form 95 (SF-95) within two years of the incident. Additionally, we will need the following:

  • Supporting Documentation:
    • Personal Injury: Medical records, doctor diagnoses, treatment plans, and itemized bills. You may be required to provide an expert opinion.
    • Property Damage: Proof of ownership, photos of damage, and at least two appraisals or repair estimates.
  • Evidence of Negligence: Information, such as witness reports, incident reports, or police reports describing how the federal employee acted negligently within the scope of their duties.
  • Signature: The claim must be signed by the injured party or their authorized representative. We do not accept computer generated signatures.

Email or drop off the signed SF-95 and supporting documents. Email address for assistance or to submit a claim is usarmy.benning.mcoe.list.torts@army.mil. We are located at 6930 Morrison Avenue, Bldg 130, Fort Benning, GA 31905. We are closed daily from 1200-1300 and for all federal and training holidays.

SF 95 form and instructions

Affirmative Claims

Affirmative Claims include medical care recovery claims and property damage claims filed by the Government against a third-party for the recovery of Government expenses. For example, if a service member or family member is injured in motor vehicle accident and the government provides medical care, then the Claims Office will seek to recover the costs of the medical care (and lost wages of the service member) from the person/agency responsible for the accident. We may require that the service member or family member provide information to our office via a questionnaire. Please email the affirmative claims division usarmy.benning.mcoe.mbx.sja-affirmative-claims@army.mil.

Article 139, UCMJ, Claims

An Article 139 (UCMJ) Claim is an administrative mechanism for assessing and paying restitution to the victims of certain types of criminal offenses committed by active duty service members. While any individual (to include both civilians and service members), business entity, state or local government, or charity may submit a claim under Article 139, an Article 139 Claim may only be filed for property that is willfully damaged (i.e. vandalism) or wrongfully taken (i.e. theft). Therefore the act which caused the damage must be a criminal act. Claims founded in breach of contract or fiduciary duty or not proper Article 139 Claims. In addition, losses due to accident or negligence, even gross negligence, are not payable. If your service member neighbor ran over your motorcycle while it was parked in the street outside your quarters, you would not be able to file an Article 139 claim against your neighbor unless the damage was done intentionally, i.e. willfully damaged. Further, if you rented an apartment to a service member and s/he left your property in an unsatisfactory condition, your remedy is contained in the terms of your lease agreement and is contractual in nature. Your damages could not form the basis of an Article 139 claim. The key factor is that at the time when the damage or loss was caused, the service member was committing the criminal act of either wrongful taking, or willful damage.

For more information, please click the tab labeled "Article 139 Claims."

Links:

United States Army Claims Service, Fort Meade, MD