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DEPARTMENT OF THE
ARMY
3d Heavy Brigade Combat Team
4"
Infantry Division (Mechanized)
FOB Warhorse, Iraq
APO
09397
AFZC-FC-JA
9 March 2006
MEMORANDUM
FOR RECORD
SUBJECT:
Claim of-: 06-314-354
1.
Claimants name and address:
m,
Aziz Balad,
Iraq
2.
Incident date and place the incident occurred giving rise to the claim: Incident occurred on
18
Dec 05,
in
Aziz Balad, Iraq
3.
Amount of claim and filing date: Claimant filed a claim
in
the amount of $21,000 on 4 Mar 06.
4. Chapter the claim was considered under and a brief description of the incident
or
of the issues
raised by the claimant on rcconsidcration: Foreign Claims Act and Chapter
10,
AR
27-20;
claim filed
for compensation for son's death and damaged furniture.
5.
Facts:
The claimant alleges that US Forces raided his home and killed his son without
any
reason.
6. Opinion:
In
order to form a basis for
a
claim under the FCA, the incident
in
question must have
arisen outside the Unites States.
In
addition, the incident must be caused by either non-combat
activities of the Unites States Armed Forces or by negligent or wrongful acts of military members or
civilian employees of the Armed Forces. We cannot confirm incident
in
our SIGACT report as the
incident occurred
in
Balad.
7.
Recommended Action: This claim is not payable under the FCA for the above mentioned reasons
Consequently this claim for $21,000 is denied.
Foreign Claims Commission