§939 — Title 10 Armed Forces | U.S. Code

Summary

A commanding officer can set up a small board to look into complaints that soldiers willfully damaged or took someone’s property. Under rules the Secretary sets, the board (one to three commissioned officers) can call witnesses, take sworn statements and papers, and decide how much damage was done. The commanding officer must approve the amount, and the approved sum is taken from the pay of the people responsible and paid to the injured party. If the actual offenders can’t be identified but their unit is known, the approved damage amount can be split fairly among the unit members who were at the scene, based on the board’s findings.

Title 10, §939

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 939(a)939(b)50:735(a).50:735(b).May 5, 1950, ch. 169, § 1 (Art. 139), 64 Stat. 144. In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”. The word “under” is substituted for the words “subject to”. The words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1. The words “it has” are substituted for the words “shall have” in the second sentence. The word “is” is substituted for the words “shall be” before the words “subject” and “conclusive”. The word “commissioned” is inserted for clarity. In subsection (b), the word “If” is substituted for the word “Where”. The word “considered” is substituted for the word “deemed”.

§939 Art. 139. Redress of Injuries to Property

Summary

Title 10, §939

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata