Luke AFB  Legal

The legal office provides confidential advice to all service members concerning personal civil matters and military affairs. Attorneys are available to provide advice on issues of marriage, divorce, adoption, insurance, personal injury, claims, rentals and leases, indebtedness, wills, and estate planning. The legal office also provides powers of attorney, vehicle license tax forms and notaries.

Air Force lawyers cannot represent members in civilian court, in civilian business matters or fill out civilian legal paperwork. However attorneys can offer legal advice early and often, preventing problems from escalating. Legal advice is not given over the phone.

Walk-in hours for notary and powers of attorney are Tuesday and Thursday from 1:30 to 3:30 p.m.

Legal assistance is by appointment only.

Wills are scheduled by appointment only on Wednesday at 10 a.m. to 12 p.m.

Please email us at 56JA.ORG@us.af.mil or call 623-856-6901 for questions, concerns, or to schedule an appointment.

Topics and services available are:

• Adoption
• Bankruptcy
• Change of name
• Child support
• Cosigning a loan
• Community property with the right of survivorship
• Debt collection
• Divorce in Arizona
• Divorce and military benefits
• Fair credit reporting
• Homestead protection
• Keeping home state license plates
• Lemon Law (automobiles)
• Notary public
• Orders of protection (domestic violence)
• Power of attorney
• Probate and veterans burial rights
• Servicemember's Civil Relief Act
• Tax consequences of registering to vote in Arizona
• Tax advantage of community property with right of survivorship
• Tenant's rights
• Uniformed Services Employment and Reemployment Rights Act (veterans’ rights)
• Vehicle registration (license tax exemption)
• Wills

Air Force lawyers may not represent members in civilian court or civilian business matters, but they can offer legal advice early and often in order to prevent problems from escalating.

56 FW/JAD, the Claims Division of the Luke Legal Office performs several important functions. The Claims Division assists you in processing your request for reimbursement when your household goods or automobile have been damaged in shipment to Luke. Claims office personnel also work on recovering money when a third party is liable to the government as well as investigating claims where the government is allegedly at fault.

Household Claims

When submitting your claim to this office, you must mail or bring in the items listed below. Help us speed up the processing of your claim by ensuring you submit all necessary documents.

To file a claim: Please email 56JA>ORG@us.af.mil or call 623-910-6901 to file a Federal Tort Claim, Military Claim or other eligible claim with the legal office. If you are unsure if your claim is eligible, please email or call us.

Documents Required:

• DD Form 1842/1844: Must be the original form.
• Electronic Funds Payment
• Power of Attorney or Letter of Authorization
• PCS/Separation/Retirements Orders

U.S. Government Bill of Lading: You may obtain one from the TMO Office by calling 623-856-3139, or visiting their office on the first floor of building 1150, Room 1122A. Note: Do not wait until the day of your appointment to get this document. Allow at least one week for TMO to have it available.

Complete Descriptive Inventory:

• DD Form 1840/184OR (Pink Form) - Notice of Loss or Damage
• Estimates of Repair
• Replacement Costs
• Insurance Documentation
• Full Replacement or Increased Valuation Insurance

Additional Information:

• Keep all damaged items until your claim has been settled.
• If you have items that pose a safety or health hazard (i.e. broken glass), or the repair of essential items is required prior to filing a claim, check with the claims office for instructions on disposal or repairs.
• In order for an item to be considered an antique, proper documentation must be provided. According to the U. S. Customs Service, an item must be 100 years or older to qualify as an antique. There are, however, exceptions to that rule. Appraisal fees are not normally reimbursed unless our office requires you to obtain one.
• If you receive payment from a source other than the United States Government after we have paid your claim, you must endorse the check to "United States Air Force - Claims" and forward it to this office immediately.
• Penalties: Section 287 of Title 18 and Section 3729 of Title 31, United States Code, provides a maximum fine of 10,000.00, imprisonment for five years, or both, for anyone making a false, fictitious, or fraudulent claim. Furthermore, for the same offense, article 132 of the uniform code of military justice provides for dishonorable discharge, 5 years of imprisonment, and total forfeiture of all pay and allowances.
• Statute of Limitations: You have two years from the date of delivery to file your claim. Failure to file before this date may result in full denial of your claim.

The Air Force Claims Program is designed to restore the claimant's property, as nearly as possible, to its condition prior to the incident. It is not intended to put a claimant in a better position than before the damage. If it appears all or a portion of a claim may be fraudulent, it may be denied. Suspected fraudulent claims are normally referred to the Office of Special Investigations and the Military Justice Division for resolution.

If you have private insurance on your vehicle, you must notify your insurance company immediately.

Your claim against the Government must be filed within 2 years from the date of acceptance of your vehicle. This statutory limitation cannot be waived. Failure to file your claim within the prescribed time frame will likely result in full denial.

Claims are filed by appointment only, however, if your claim results in 10 or less items on your DD Form 1844, you may be eligible for walk-in assistance. Notary/POA Walk In: Tue and Thurs at 1:30 to 3:30 p.m. Will appointment: Wed at 10 a.m. to 12 p.m. Legal assistance: by appointment only. Please call the Claims Office when your claim is ready to be filed.

Documents Required:

• DD Form 1842/1844
• PCS/Separation Orders
• DD Form 788
• Repair Estimates
• Insurance Information
• Vehicle Registration
• Power of Attorney

Government Claims

When a person is injured or his property is damaged through the negligence of another person, he has the right to sue that person for reimbursement. The United States also has the same right. When a person, military member, DoD employee or civilian damages military property, the United States has the right to reimbursement from the guilty party. The Legal Office, Claims division performs this function. It can pursue those responsible for damaging government property and regularly does so.

Hospital Recovery Claims

When a military member or family member is injured by another person through negligence or intentional misconduct, the United States ends up paying for the member's medical care whether it is at the Luke Clinic or at a civilian facility. The US is entitled to recover the money from the person at fault. Usually, this means pursuing the other person's insurance company for reimbursement, or even bringing a lawsuit. This program brings in over $250,000 every year.

Title 42, United States Code, § 2651 provides authority for the United States to recover from persons who negligently or willfully cause injuries to individuals entitled to medical treatment at Government expense. The amount the United States may is the reasonable cost of medical treatment provided by military treatment facilities (hospital and clinics) from third party payers who have provided health or other insurance, including automobile insurance. (10 USC § 1095.) In addition, the United States may recover the adjudicated value of medical treatment provided by civilian medical facilities when paid in whole or part by CHAMPUS/TRICARE.