Claim for Damages

The Air Force requested that GAO allow partial settlement of a claim under the National Guard Claims Act. The claim represented a portion of the damages suffered by Mr. Kamp as a result of a Montana Air National Guard plane crashing into a grain elevator. Based on the review of the material submitted by the Air Force, GAO held that the claim appeared properly cognizable under the National Guard Claims Act. Further, GAO believed that the partial claim represented a final award with respect to the items of damage specified, in that: (1) further review of the award was unavailable; (2) the claimant signed a release precluding him from seeking additional amounts for the items of damage specified; and (3) the award for each specified item was complete and final with respect to that item. Accordingly, the award was certified for payment.