Code of Federal Regulations · Section
§ 536.130 — Claims Not Cognizable As Ucmj Claims
32 C.F.R. § 536.130
Claims not cognizable under Article 139, UCMJ, and this subpart, include the following:
(a) Claims resulting from negligent acts.
(b) Claims for personal injury or death.
(c) Claims resulting from acts or omissions of military personnel acting within the scope of their employment, including claims resulting from combat activities or noncombat activities, as those terms are defined in the Glossary of AR 27-20.
(d) Claims resulting from the conduct of Reserve component personnel who are not subject to the UCMJ at the time of the offense.
(e) Subrogated claims.
(f) Claims for theft of services, even if such theft constitutes a violation of Article 134 of the UCMJ.
(g) Claims for indirect, remote, or consequential damages.
(h) Claims by entities in conflict with the United States or whose interests are hostile to the United States.
Authorizing Statute
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Settlement: final and conclusive10 U.S.C. § 2735
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Cooperation with other Government agencies39 U.S.C. § 411
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Art. 139. Redress of injuries to property10 U.S.C. § 939
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Property loss; personal injury or death: advance payment10 U.S.C. § 2736
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Definition10 U.S.C. § 2731
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Definitions10 U.S.C. § 4801
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Defense of certain suits arising out of legal malpractice10 U.S.C. § 1054
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Defense of certain suits arising out of medical malpractice10 U.S.C. § 1089
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Final decisions of district courts28 U.S.C. § 1291