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10 U.S.C. § 939Art. 139. Redress of injuries to property

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

A commanding officer may investigate claims that service members damaged or took property and charge approved damages against offenders’ pay. If individuals cannot be identified, the charge may be divided among present members of their organization or detachment.

(a) When a commanding officer receives a complaint that armed-forces members willfully damaged or wrongfully took someone’s property, the officer may convene a board under regulations of the responsible Secretary. The board has one to three commissioned officers. It may summon and swear witnesses, receive depositions and documents, and assess damage against responsible people. The commanding officer must approve the assessment before charging it against offenders’ pay. The charging order conclusively binds the disbursing officer to pay the assessed and approved damage to the injured people. (b) If the individuals cannot be identified but their organization or detachment is known, the approved damage may be charged in a fair proportion to individual members shown to have been present when the damage occurred.
the actual law source: uscode.house.gov ↗public domain
(a)

Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regulations as the Secretary concerned may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

(b)

If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 78.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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