USFOR-A Legal Officer Meets with Local Afghan Clients to Validate and Settle Claims

AFGHANISTAN

06.23.2016

Story by Bob Harrison 

U.S. Forces Afghanistan

BAGRAM, Afghanistan, June 23, 2016- Every week U.S. Army Capt. Dimitri Facaros, a United States Forces Afghanistan legal services officer from Pittsburgh, Pennsylvania, goes out to meet local civilians (clients), at a small two room concrete building just inside Bagram Airfield, to intake new claims, discuss pending claims or pay out settlements brought against the U.S. government.

The weekly event is a critical element to community relations and helps ensure that any non-combat damage or harm caused by U.S. Forces around the Bagram ground defense area have an opportunity to be filed, reviewed, and if appropriate settled as quickly as possible.

The Foreign Claim Act prescribes a uniform procedure for the handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment. Under this act, individuals have a right to make a claim against the United States government for any damages or injury they may have received due to government activity. The next step after the initial claims card completion is the Standard Form 95 (Claims for Damage Injury or death). This form is the official request for relief to the U.S. government. This form is the same for all government agencies and departments throughout the federal government.

According to Facaros, the majority of claims are due to minor vehicle accidents and other minor unintentional property damage to homes and businesses within Parwan Province. “Anytime that U.S. Forces are aware of any damage to property, they are required to report it to the chain of command and if possible provide the local citizen a claims card to file with our office,” said Facaros. “When claims cards are given and turned back in it makes the process go smoother and quicker for all parties as it provides key information on time, event, location damages and any witnesses.”

Local Afghan clients are then contacted, where they connect to an interpreter who takes the basic information and sets up the initial intake interview. This initial face to face is important as it gives an opportunity for the client to explain the events, the damages, and any actions taken since completing the claims card. It also provides the opportunity for legal officers, like Facaros, to quickly compare any notes and evidence they have gathered from U.S. Forces and Afghan authorities.

"We are committed to fulfil our obligations as outlined in federal statue. Being here in Bagram creates some challenges in terms of documents, photos, and process that may be easier in other locations,” said Facaros. “We work with the individuals and local authorities to ensure we are meeting the mandatory requirements while at the same time taking into consideration the limitations of our staff, and the individuals themselves to produce documents like registrations, titles, land deeds or even basic photos.”

Today there were a total of seven claims to be reviewed by Facaros’ team. The claims today involved a variety of incidents dealing with property damage. Mr. Abdul Harleem was seeking relief for damage caused to his motorcycle when a Coalition patrol vehicle accidentally hit it from behind while parked on the 6th of June. After a review of all the documents and the completion of the SF95 both parties were able to come to an agreement on damages and a date for final settlement.

“We were able to quickly settle this due to Mr. Harleem having photos, proof of ownership, witnesses’ statements, a police report, and an estimate of repair. It makes me feel good when I can meet with a client, confirm their claim and quickly settle, many times that is not possible due to the lack of paperwork or the claim being non-substantiated,” said Facaros.

Another client to meet with Facaros was Mr. Mohammad Alam, a lieutenant colonel. and battalion commander in the Afghan Army, he was seeking damages in the amount of 68,300 Afghan Afghani on behalf of his uncle. The claims card and pictures confirmed that a U.S. tactical vehicle backed up into his uncle’s business and knocked down part of a wall and caused severe damage to the doors and part of the roof. After a review of all the documents and the sworn statement by U.S. Forces who were present at the accident, it was determined that his uncle was indeed entitled replacement and repair cost. Both men shock hands and agreed upon a return date to sign the final form and complete the financial transaction.

Not all interviews and reviews end with the client leaving satisfied. A local Afghan, who asked his name not be used, was seeking relief and payment over an eight year old land dispute which his deceased father had with the Afghan government and the U.S. base here at Bagram. He believes his family was never paid for the land taken away from them in order to expand Bagram Airfield several years ago.

“Unfortunately there was little I could do besides provide contact information to him. The U.S. government signed a land use agreement with the Afghan Ministry of Defense years ago that provided funds to the Afghan government to settle land use with all the local land owners; his claim at this point is with the MOD and Afghan government,” said Facaros. “He is worried that he will not be able to make an appointment with the right office so we will get him a direct point of contact to set up a date and time for him to travel to Kabul; that is really all we can legally do. I truly wish I could help more.”

The last client of the day was a local doctor who runs a health clinic here in Bagram. Dr. Khan Jan was given a claims card by U.S. Marines after a vehicle accidentally hit part of the security wall around the clinic After emailing and meeting with the local Marine commander it was determined that his clinic was a good candidate for the Commanders Emergency Response Program (CERP). Facaros explained to Jan that he could continue with the claims process and repair the section of the wall if approved or he could hold off and see if the CERP project got approved; this way the entire wall would be rebuilt to provide better security and access to the clinic for the community. Jan agreed and they scheduled a follow up appointment in the next couple of weeks.

Facaros ended the last interview with a sense of accomplishment and humbleness. “Every time we can help and make a difference here, especially in the local community, it reaffirms my faith in the mission here and in the processes. I will look back and know in my heart that my time in Afghanistan was well spend.”

• Date Taken: 06.23.2016
• Date Posted: 06.23.2016 11:03
• Story ID: 202221
• Location: AF