Feb. 15, 2018 —
Claimants have the responsibility to prove by clear and convincing evidence that the Coast Guard is liable to the claimant for the amount claimed. All relevant evidence to prove the claim should be presented when the claim is first submitted. A claimant may appeal if the Coast Guard denies all or part of a claim. Claimants must follow the procedures outlined in the Joint Travel Regulations (JTR). Detailed procedures are contained in Department of Defense Instruction (DODI) 1340.21, Enclosure 7.
Specific requirements include:
1. The claimant's appeal must be received by PPC (TVL) within 30 days of the date of the initial settlement indicated on the Travel Voucher Summary. PPC (TVL) may extend this period for up to an additional 30 days for good cause shown. Additional information about time limits is discussed below.
2. PPC (TVL) will review the appeal to determine if all or part of the requested payment is proper. If PPC (TVL) fully grants the appeal, payment will be made to the claimant and the claim will be considered final. If PPC (TVL) determines that full payment should not be made, they will forward the appeal to Commandant (CG-1332) for determination.
3. No specific format of the appeal is required; however, the appeal must be written and be signed by the claimant, the claimant's authorized agent, or the claimant's attorney. Appeals should include:
a. The claimant’s mailing address and phone number.
b. The amount claimed on appeal.
c. A copy of the claim packet including DD Form 1351-2 and supporting documentation.
d. An explanation why the appeal should be granted. Identify specific:
1) Errors or omissions of material and relevant fact;
2) Legal considerations that were overlooked or misapplied; and
3) Conclusions that were arbitrary, capricious, or an abuse of discretion.
e. Evidence of the correct or additional facts alleged.
f. An explanation of why the findings or conclusions should be reversed or modified.
g. Attached statements (that are attested to be true and correct to the best of the individual's knowledge and belief) by the claimant or other persons in support of the appeal.
4. Mail the Appeal Packet to:
Commanding Officer (TVL)
Pay & Personnel Center
444 SE Quincy ST
Topeka, KS 66683-3591
5. If the Coast Guard continues to believe that denial of the claim is appropriate, the Coast Guard will prepare an administrative report and forward the appeal to the Defense Office of Hearings and Appeals in accordance with procedures contained in DODI 1340.21, Enclosure 7.5.
6. Waiver of Time Limits. If the claim was denied because it was not submitted within applicable time limits (ordinarily 6 years from the date the claim accrued), claimants may seek waiver of the time limits following the procedures contained in DODI 1340.21, Enclosure 6.4.
7. Address questions about travel claims and appeal of travel claims to your AO.