Encl. (7) to COMDTINST 4610.6
OFFICE OF FINAL ACTION (OFA): The OFA is responsible for filing the claim against the
carrier. The OFA must attempt to develop TDRs received, which are incomplete or inadequately
documented, or require further investigation or evidence from the consignor or consignee. To that
end, the OFA will follow up with the reporting activity to obtain the necessary documentation to
establish a prima facie case of carrier liability before filing the claim with the carrier. The OFA
reserves the right to ask for help from installation commanders, TOs, service transportation staffs or
major commands when reporting activities fail to provide timely replies to requests for factual
information or documentary evidence required to support or defend claim action.
PRIMA FACIE: At first appearance, before investigation.
PRIMA FACIE EVIDENCE: Evidence sufficient to establish a fact, or to raise a presumption of
fact, unless rebutted.
PROPERTY: For the purpose of this regulation, "public property," "government property,"
"United States Coast Guard property," "military property," or "property" includes all government
property under the control of the Coast Guard. The term "property" includes materiel or goods
acquired by purchase, lease, rental, or any other method.
PROXIMATE CAUSE OF DAMAGE: Proximate cause is defined as the cause which, in a
natural and continuous sequence, unbroken by a new cause, produces the loss or damage and
without which the loss or damage would not have occurred. It is also defined as the primary
moving cause, or the predominating cause, from which the injury follows as a natural, direct, and
immediate consequence and, without which, it would not have occurred.
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