
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC939]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                 SUBCHAPTER XI--MISCELLANEOUS PROVISIONS
 
Sec. 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.

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

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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939(a)................................  50:735(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
939(b)................................  50:735(b).                            1
39), 64 Stat. 144.
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    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''.

                  Section Referred to in Other Sections

    This section is referred to in section 937 of this title.
