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Title 10 — Armed ForcesRelease 119-73not60

§2738 Property Loss: Reimbursement of Members for Certain Losses of Household Effects Caused by Hostile Action

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 163— MILITARY CLAIMS › § 2738

Last updated Apr 3, 2026|Official source

Summary

The Secretary may pay up to $100,000 to a service member for household items lost while moving because of a permanent change of station. The loss must be found by the Secretary to have been caused by hostile action incident to war or by a warlike action by a military force. Payment is allowed only for losses not already paid by insurance or another law. Requests for this payment must follow the same claim rules that apply to claims against the United States under section 2733 (subsections b, d, e, f, and g).

Full Legal Text

Title 10, §2738

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned may reimburse a member of the armed forces in an amount not more than $100,000 for a loss described in subsection (b).
(b)This section applies with respect to a loss of household effects sustained during a move made incident to a change of permanent station when, as determined by the Secretary, the loss was caused by a hostile action incident to war or a warlike action by a military force.
(c)The Secretary may provide reimbursement under this section for a loss described in subsection (b) only to the extent that the loss is not reimbursed under insurance or under the authority of another provision of law.
(d)Subsections (b), (d), (e), (f), and (g) of section 2733 of this title shall apply to a request for a reimbursement under this section as if the request were a claim against the United States.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–337, div. A, title V, § 557(c), Oct. 5, 1994, 108 Stat. 2776, provided that: “(1) Section 2738 of title 10, United States Code, as added by subsection (a), applies with respect to losses incurred after
June 30, 1990. “(2) In the case of a loss incurred after
June 30, 1990, and before the date of the enactment of this Act [Oct. 5, 1994], a request for reimbursement shall be filed with the Secretary of the military department concerned not later than two years after such date of enactment.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 2738

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60