10 U.S.C. § 939 — Art. 139. Redress of injuries to property
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 235 words · no verdicts yet
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.
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.
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.)
- 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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