PART 755—CLAIMS FOR INJURIES TO PROPERTY UNDER ARTICLE 139 OF THE UNIFORM CODE OF MILITARY JUSTICE Authority: 5 U.S.C. 301; 10 U.S.C. 939, 5013, and5148; E.O. 11476, as reported in 3 CFR, 1969 Comp., p. 132; 32 CFR 700.206 and 700.1202. Source: 56 FR 42232, Aug. 27, 1991, unless otherwise noted. Note 1: This part 755 is chapter IV of the Manual of the Judge Advocate General of the Navy. Note 2: The Uniform Code of Military Justice (10 U.S.C. 801-940) is referred to in this part 755 as the “UCMJ”. The Manual for Courts-Martial, United States, 1984 (E.O. 12473 of August 1, 1984) is referred to in this part 755 as “MCM 1984”. § 755.1 Statutory authority. Article 139, UCMJ, redress of injuries to property, is the basis for this chapter. § 755.2 Scope. This chapter provides for assessments against the pay of members of the naval service in satisfaction of claims for property damage caused under certain circumstances. Claims for damage, loss, or destruction of privately owned property caused by a person or persons in the naval service, are payable under Article 139, UCMJ, only if such damage, loss, or destruction is caused by riotous conduct, willful conduct, or acts showing such reckless or wanton disregard of the property rights of others that willful damage or destruction is implied. Acts of the type punishable under Article 109, UCMJ, are cognizable under Article 139, UCMJ. Charges against pay under these regulations shall be made only against the pay of persons shown to have been principal offenders or accessories. § 755.3 Claims not cognizable. The following claims are not cognizable under this chapter. (a) Claims resulting from simple negligence. (b) Claims of subrogees. (c) Claims for personal injury or death. (d) Claims arising from acts or omissions within the scope of employment of the offender. (e) Claims for reimbursement for damage, loss, or destruction of Government property. § 755.4 Limitation on claims. (a) Time limitations. (b) Acts of property owner. i.e. (c) Only direct damages considered. § 755.5 Complaint by the injured party and investigation. (a) A claim shall contain a statement setting forth the amount of the claim, the facts and circumstances surrounding the claim and any other information that will assist in the investigation and resolution of the matter. When there is more than one complaint resulting from a single incident, each claimant must file a claim separately and individually. The claim shall be personally signed by the claimant or his duly authorized representative or agent. (b) Where the claim alleges misconduct by members of the command, a commanding officer to whom the claim is submitted shall convene an investigation under this Manual to inquire into the matter. Where a complaint is received by a commanding officer to whose command the alleged offenders do not report, he shall forward the claim and other pertinent information about the matter to the member's commanding officer who will convene an investigation into the incident. Where the command of the alleged offenders cannot be determined, the claim and supporting materials shall be forwarded to the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, for action. (c) The investigation shall inquire into the circumstances surrounding the claim, gather all relevant information about the matter (answering the who, what, where, when, why, and how questions) and make findings and opinions, as appropriate, about the validity of the claim under Article 139, UCMJ, and these regulations. The investigation shall determine the amount of damage suffered by the property owner. (d) The investigation shall make recommendations about the amount to be assessed against the pay of the responsible parties. If more than one person is found responsible, recommendations shall be made about the assessments against all individuals. § 755.6 Action where offenders are members of one command. (a) Action by commanding officer. (b) Review. (c) Charge against pay. § 755.7 Action where offenders are members of different commands. (a) Action by common superior. (b) Forwarding to SECNAV (JAG). § 755.8 Reconsideration and appeal. (a) Reconsideration. (b) Appeal. § 755.9 Effect of court-martial proceedings. Administrative action under these regulations is separate and distinct from and is not affected by any disciplinary action against the offender. The two proceedings are independent. Acquittal or conviction of the alleged offender by court-martial is evidence for the administrative action, but is not determinative on the issue of responsibility for damages under these regulations.