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U.S. Code as of:
01/19/04
Section 939. Art. 139. Redress of injuries to property
(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.
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