32 C.F.R. Subpart C—Claims Under Article 139, Uniform Code of Military Justice (UCMJ) (10 U.S.C. 939)
Title 32 - National Defense
It sets out the Air Force procedures for processing Article 139, UCMJ claims. (a) Appointing commander. The commander exercising special court-martial jurisdiction over the offender is the appointing commander. (b) Board of officers. One to three commissioned officers appointed to investigate a complaint of willful property damage or wrongful taking by Air Force personnel comprise a board of officers. (c) Property. Property is an item that is owned or possessed by an individual or business. Property includes a tangible item such as clothing, household furnishings, motor vehicles, real property, and currency. The term does not include intangible property or items having no independent monetary worth. Items that should not be considered as property for the purpose of this part include a stock, bond, check, check book, credit card, telephone service and cable television services. (d) Willful damage. Damage or destruction caused intentionally, knowingly, and purposely, without justifiable excuse is willful damage. (e) Wrongful taking. Any unauthorized taking or withholding of property with intent to deprive the owner or person in lawful possession either temporarily or permanently. Claims for property willfully damaged or wrongfully taken by Air Force military personnel as a result of riotous, violent, or disorderly conduct. If a claim is payable under this part and also under another part, it may be paid under this part if authorized by HQ USAF/JACC. Claims that are not payable are: (a) Claims resulting from simple negligence. (b) Claims for personal injury or death. (c) Claims resulting from acts or omissions of Air Force military personnel while acting within the scope of their duty. (d) Claims of subrogees. (e) Claims arising from private indebtedness. (f) Claims for reimbursement for bad checks. (a) Submit a complaint within 90 days of the date of the incident unless the appointing commander finds good cause for the delay. Command determination of the absence of good cause is final. (b) Assessment of damages in excess of $5,000 against an offender's pay for a single incident requires HQ USAF/JACC approval. (c) Payment of indirect, remote, or consequential damages is not authorized. Claimant complains (orally or in writing) to the commander of a military organization or unit of the alleged offending member or members or to the commander of the nearest military installation. However, the complainant need not request a sum certain in writing, before settlement is made.
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart C—Claims Under Article 139, Uniform Code of Military Justice (UCMJ) (10 U.S.C. 939)
§ 842.15 Scope of this subpart.
§ 842.16 Definitions.
§ 842.17 Claims payable.
§ 842.18 Claims not payable.
§ 842.19 Limiting provisions.
§ 842.20 Filing a claim.
