If you or a loved one were injured on a military base or by a member of the U.S. armed forces, you may have the right to compensation under the Military Claims Act (MCA) — even if your injury occurred overseas or in circumstances not covered by the Federal Tort Claims Act (FTCA).

The Military Claims Act was designed to ensure fairness. It allows civilians, dependents, and visitors harmed by the negligence of military personnel or Department of Defense (DoD) employees to receive compensation — even in cases where filing an FTCA lawsuit isn’t possible.

At National Security Law Firm (NSLF), our attorneys have handled these claims from both sides. We’ve served as Army JAG officers, federal agency counsel, and military litigators—the very people who once reviewed, approved, and defended MCA claims for the government. Now, we use that insider experience to help our clients get the maximum compensation available under the law.

What Is the Military Claims Act (MCA)?

The Military Claims Act, found at 10 U.S.C. § 2733, allows the U.S. military to administratively settle claims for personal injury, death, or property loss caused by the negligence or wrongful acts of military personnel or civilian employees acting within the scope of their employment.

Unlike the FTCA, the MCA is not a lawsuit in court. It’s an administrative process that ends within the Department of Defense. You cannot sue in federal court under the MCA — the military’s decision is final.

That makes it even more important to build a strong, well-documented claim from the very beginning. Once the military makes its determination, there are no appeals, no trials, and no second chances.

When Does the Military Claims Act Apply?

The MCA covers injuries caused by military or DoD personnel when the FTCA doesn’t apply.
It most often applies in the following situations:

  • Injuries on U.S. military bases overseas (e.g., Germany, Japan, Korea, or Italy)

  • Negligence by service members or DoD civilian employees acting within their official duties

  • Damage caused by military vehicles, training exercises, or operations abroad

  • On-base accidents involving dependents, visitors, or foreign nationals

  • Medical malpractice at overseas military hospitals or clinics

Essentially, if your injury was caused by U.S. military negligence outside the continental United States, your case probably falls under the MCA rather than the FTCA.

Who Can File a Claim Under the Military Claims Act?

You can file an MCA claim if you are:

  • A civilian, dependent, or contractor injured by military personnel or DoD employees

  • A foreign national harmed by U.S. military negligence abroad (subject to limitations)

  • A service member’s family member injured on base (e.g., spouse or child)

  • The estate of someone killed as a result of negligence

You cannot file under the MCA if you are:

  • An active-duty service member injured “incident to service” (barred by the Feres Doctrine)

  • Injured by an independent contractor not under day-to-day DoD control

  • Injured during combat activities or in wartime operations

Common Examples of MCA Claims

Here are real-world examples of how the MCA is used:

  • Car Accident Overseas: A military vehicle collides with a civilian driver in Germany.

  • Negligent Maintenance: A dependent slips on a wet floor in an on-base commissary in Italy.

  • Medical Malpractice: A military doctor misdiagnoses a dependent’s illness at a base clinic in Japan.

  • On-Base Housing Accident: A child is injured due to faulty wiring in overseas base housing.

  • Training Mishap: A visiting contractor is struck by debris from a negligent training exercise.

Each of these claims falls outside FTCA jurisdiction (because they occurred overseas or involved military personnel)—but are compensable under the MCA.

How to File a Military Claims Act Claim

Filing an MCA claim follows a detailed administrative process. Accuracy and evidence matter.
Here’s how it works:

1. Determine Which Branch to File With

Each military branch has its own claims office:

  • Army: U.S. Army Claims Service (USARCS)

  • Navy/Marine Corps: Office of the Judge Advocate General (Code 15)

  • Air Force: Air Force Legal Operations Agency, Tort Claims Division

  • Space Force: Through Air Force channels

2. Complete the Proper Form

You’ll use Standard Form 95 (SF-95)—the same form used for FTCA claims—to start the process.
👉 Download the SF-95 Form

The claim must include:

  • Full details of the incident (who, what, where, when)

  • Identification of responsible military personnel or unit

  • Itemized damages (medical bills, lost wages, etc.)

  • The total “sum certain” (specific dollar amount you’re claiming)

3. Submit to the Correct Office

Mail or deliver your SF-95 and supporting documentation to the claims office of the military branch responsible for the injury.

4. Investigation and Decision

The military will investigate, often requesting additional information or medical records.
If they find negligence, they can offer settlement or deny the claim.
There is no right to a court appeal—only internal reconsideration if procedural errors occurred.

What Damages Can Be Recovered Under the MCA?

You can recover compensation for:

  • Medical expenses (past and future)

  • Lost income and loss of earning capacity

  • Property damage

  • Pain and suffering

  • Wrongful death damages (for surviving family members)

However:

  • Punitive damages are not allowed

  • Attorney fees are capped at 20% of settlements

  • There is no jury trial or federal court review

Despite those limitations, a well-prepared claim can still result in significant compensation—especially with strong evidence and an experienced FTCA/MCA lawyer.

How Long Do You Have to File an MCA Claim?

The statute of limitations under the Military Claims Act is two years from the date of injury (or the date you discovered it).

If you miss this deadline, the claim is forever barred.

That’s why NSLF urges all injured civilians, dependents, and contractors to contact an attorney immediately after any accident involving the military. The sooner we file, the stronger the case.

The Relationship Between the MCA and the FTCA

The MCA and FTCA are often confused. Here’s the difference in simple terms:

Feature FTCA MCA
Jurisdiction United States (domestic) Overseas or outside FTCA coverage
Who Can File Civilians, contractors, veterans, dependents Civilians, dependents, foreign nationals
Process File SF-95 → Federal Court (if denied) File SF-95 → Military decision is final
Appeal Rights Can sue in federal court No lawsuit allowed
Damages Full tort damages Administrative damages only
Typical Cases VA malpractice, postal truck crash Overseas base injury, medical negligence abroad

At National Security Law Firm, we determine which system applies—and sometimes pursue both paths in tandem if multiple statutes could apply.

The MCA and Medical Malpractice

Medical malpractice claims against military hospitals or clinics overseas are one of the most common uses of the MCA.

If you or a family member suffered harm due to:

  • A misdiagnosis

  • A surgical mistake

  • Delayed treatment

  • Medication errors

  • Birth injury

…you may be entitled to compensation under the MCA.

However, because these cases are handled internally by the Department of Defense, the government often minimizes payouts unless confronted with strong evidence.

At NSLF, we use a FOIA-based discovery strategy—led by Matt Pollack, one of the nation’s top FOIA attorneys—to obtain:

  • Medical records and internal reviews

  • Provider credentials and disciplinary records

  • Safety bulletins and audit findings

We build your case like it’s going to court—even though it’s administrative—so the government knows it must pay full and fair compensation.

Why MCA Claims Are So Complex

Unlike civilian personal injury cases, MCA claims are governed by:

  • Military regulations (32 C.F.R. Part 536)

  • Internal DoD directives

  • Foreign base agreements (Status of Forces Agreements or “SOFAs”)

These rules dictate everything from who qualifies to how investigations are conducted.
That’s why hiring a civilian lawyer unfamiliar with federal claims law is a recipe for disaster.
One mistake—such as misfiling with the wrong branch or failing to meet the “sum certain” requirement—can invalidate your entire claim.

How National Security Law Firm Handles MCA Claims

At NSLF, we approach every Military Claims Act case like a mission: deliberate, strategic, and relentless.
Our process includes:

  1. Jurisdiction Analysis – Determine whether your claim belongs under MCA, FTCA, or both.

  2. Evidence Building – Use FOIA and internal agency tools to obtain hidden documents.

  3. Expert Collaboration – Retain medical, engineering, or economic experts to quantify damages.

  4. Comprehensive Submission – Prepare a bulletproof SF-95 package with clear liability and damages evidence.

  5. Negotiation and Advocacy – Push for full compensation during the administrative review process.

Our attorneys have handled these cases from inside the system. We know the arguments military claims officers use—and how to dismantle them.

Our mission: maximize your compensation and ensure accountability.

Why Choose National Security Law Firm

  • ⭐ 4.9-Star Google Reviews

  • ⚖️ Led by former federal and military attorneys who handled MCA claims inside the government

  • 💼 Expert FOIA strategy to uncover hidden evidence

  • 🌎 Nationwide representation and overseas experience

  • 💰 Financing Options through Affirm

  • 🎯 Singular mission: maximize every settlement or judgment

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step? Let’s Talk.

If you or a loved one were injured on a military base—especially overseas—don’t assume you’re out of options.
The Military Claims Act could be your pathway to recovery, but deadlines are short and errors are costly.

Our team will review your case for free, determine the right filing strategy, and build the strongest possible claim.

📞 Call 202-600-4996 or Book a Consultation Now.

Learn More About FTCA and MCA Claims

For detailed guides, filing tips, and real-world examples, visit our FTCA Resource Center — the most comprehensive collection of federal injury claim resources online.

National Security Law Firm: It’s Our Turn to Fight for You.