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B-198029 1 (1980-05-19)

handle is hein.gao/gaobadigr0001 and id is 1 raw text is: /3 f773 a/? - N THE COMPTROLLER GENERAL DECISIONJ .)OF THF UNITED STATES WASHINGTON, D. C. 20548 FILE: B-198029 DATE: May 19, 1980 MATTER OF: Herman I. Kamp DIGEST: Partial settlement by Air Force of a claim under the National Guard Claims Ac t, 32 U.S.C. 5 715, may be certified for payment under 31 U.S.C. S 724a where the partial payment is final, fixed and unchanging as to the specific items of damage enumerated in the settlement, since the settlement is not subject to alteration by any further adminis- trative or judicial review and the claimant has executed a complete release of liability to the United States for all items of damage covered by the settlement. The Air Force has requested that we allow partial settlement of a claim by Mr. Herman I. Kamp under the National Guard Claims Act, 32 U.S.C. S 715. The claim represents a portion of the damages suffered by Mr. Kamp as a result of a Montana Air National Guard plane crashing into his grain elevator. For the reasons discussed below, we conclude that, in the circumstances presented, the partial settlement may be certified for payment. Based on the description provided-by the Air Force in its submis- sion, we understand the crash to have occurred during a Labor Day parade at Dillon, Montana on September 3, 1979. Two F-106 aircraft assigned to the 120th Fighter Interceptor Group (ANG), Great Falls, Montana, were performing an aerial fly-by requested by the Mayor of Dillon. During the second pass over the downtown area of the city, the lead aircraft hit the side of Mr. Kamp's grain elevator, exploded, then crashed into the street. The pilot was killed after unsuccessfully ejecting. No civilian deaths occurred, but one woman was severely burned, eighteen minor personal injuries were reported and consider- able property damaged ensued. The Air Force states that several Air Force Regulations and at least one Federal Air Regulation were violated during the course of the flight. It further states that the aerial fly-by was performed as part of the deceased pilot's training under 32 U.S.C. S 502. In such training, the United States pays training costs and the pilot's salary,

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