Sunday, April 15, 2007

A walk in the park ...

McCain makes photo ops to show us that Iraq is so much improved. But US forces can leave unexploded bombs in Iraqi orchards to kill Iraqi children for which the US accepts no responsibility. After all Saddam was a bad, bad man and that excuses everything!

For black-hearted dumbbells it does.
Claimant filed a claim for $5,500 on 3 Sept. 2005.

Facts: Claimant alleges that a CF [coalition force] dropped a bomb in his orchard. The bomb allegedly did not explode upon impact. Claimant's son went to investigate and was killed when the UXO detonated. Claimant's cousin was seriously injured in the explosion. A couple of hours later, CF allegedly took the body and Claimant to LSA Anaconda for medical treatment. In support of their claims, the Claimants have offered witness statements, medical records from LSA Anaconda, and police and judicial reports.

Opinion: Under AR 27-20, paragraph 10-3, Claims arising "directly or indirectly" from combat sctivities of the US. Armed Forces are not payable. AR 27-20 defines combat activities as "Activities resulting directly or indirectly from action by the enemy, or by the U.S. Armed Forces engaged in armed conflict, or in immediate preparation for impending armed conflict." Here, an airstrike clearly constitutes combat activity. While unfortunate, this claim is precluded from compensation under the combat exception.

Recommendation: The claim is denied

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