he must elect the provision that is to be applied to him.

NOTE: Pay and allowances for reserve members under 10 USC 6148(a) and (b) are now authorized under 37 USC 204(i)."

b. Active duty for training. The period of active duty for training extends from the time of reporting to the time of release, plus the time of travel to and from the duty station not in excess of the allowable constructive travel time as prescribed in paragraph 044735, Navy Comptroller Manual.

c. Inactive duty training (drill). Employment in inactive duty for training (drill) normally includes only that period between muster and dismissal.

d. Investigation. Incidents involving injury or death of reservists occurring during a period of active duty for training or inactive duty training, as defined above, or any case involving a question of whether a disease or injury was incurred during a period of active duty for training or inactive duty training, as defined above, should be investigated. The injury/ death report form (see chapter VIII), may be used in proper cases to report the investigation of such cases. The responsibility for the conduct of investigations in these cases is ordinarily in the naval district commandant, other area coordinator or comparable authority within whose area the injury or death occurred.

e. Information required.

(1) The hour on which the reservist began to travel directly to or from the duty or training;

(2) The hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;

(3) The method of travel used;

(4) The actual itinerary; and the authorized itinerary;

(5) The authorized mode of travel and authorized travel time;

(6) The manner in which the travel was performed; and

(7) The place, time, and circumstances of injury and/or death.

0913 MISCELLANEOUS

a. Security violations. For specific fact-finding requirements respecting investigations ordered to inquire into the loss, compromise, or subjection to possible compromise of classified information, see 0803, Department of the Navy Security Manual for Classified Information, OPNAVINST 5510.1 series.

b. Postal violations. For specific fact-finding requirements respecting investigations ordered to inquire into postal losses or offenses, see 6202, U.S. Navy Postal Instructions, OPNAVINST 2700.14 series.

c. Injury, disease, or death. For specific factfinding requirements respecting investigations ordered to inquire into injury, disease, or death of personnel, see section 0817 of this Manual.

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1001 STATUTORY AUTHORITY

This chapter outlines procedures for administrative settlement of claims when property is willfully damaged or wrongfully taken by members of the armed forces (Article 139, UCMJ).

1002 SCOPE

Claims for damage, loss, or destruction of property caused by a person or persons in the naval service, subject to the limitations in this section, are within the provisions of Article 139, UCMJ only if such damage, loss, or destruction is caused by riotous conduct, acts of depredation, or acts showing such reckless and wanton disregard of the property rights of others that a willful damage or destruction is implied. Acts of the type punishable under Article 109, UCMJ are cognizable under Article 139. However, redress for damages resulting from such acts is not to be confused with disciplinary action under Article 109 or any other article of the UCMJ. See section 1010. Charges against pay under these regulations shall be made against the pay of persons shown to have been principal offenders or accessories. Membership in a certain organization or detachment and presence at the scene at the time the damages were sustained are not sufficient in themselves to make a person a principal or an accessory. There must be some evidence of active or passive participation.

1003 CLAIMS NOT COGNIZABLE

The following claims are not payable under this chapter.

a. Claims payable under other regulations. Claims for damage, loss, or destruction of property which are payable by the Government under the provisions of the general, personnel, or foreign claims regulations set forth in chapters XX-XXII or under admiralty claims procedure set forth in chapter XII. No charge will be made under these regulations against the pay of any person in the naval service to reimburse the claimant or the Government for payments warranted under other regulations or other statutes.

b. Claims resulting from simple negligence. Claims for damage, loss, or destruction of property resulting from simple negligence, whether or not within the scope of employment.

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c. Claims of subrogees. Any portion of a loss covered by insurance, whether carried by the offend. er, the claimant, or a third party.

d. Claims for personal injury or death.

e. Acts or omissions within the scope of employment. Claims for damage, loss, or destruction of property resulting from acts or omissions, while the offender is acting within the scope of his employ

ment.

f. Absence of riotous or violent conduct. Claims arising from larceny, wrongful appropriation, forgery, or deceit, where the wrongful taking is accomplished under conditions of stealth, deception, trickery, or device, unaccompanied by riotous or violent conduct; or claims for damages arising from breach of contract.

g. Government property. Reimbursement for damage, loss, or destruction of property of the United States.

1004 LIMITATIONS OF APPLICATIONS

a. Time limitations. In order for a claim to be cognizable under Article 139, UCMJ, a complaint out of which such claim arises must have been made to military authority within 30 days of the date of the incident.

b. Aliens. Claims of aliens under Article 139, UCMJ, in addition to the exclusionary limitations of these regulations, are subject to all laws and regulations controlling payments to aliens in effect at the time of action on the claim. If the claimant is a national of a country at war with the United States, or an ally of such foreign country, the claim will not be approved unless it be determined that the claimant is friendly to the United States.

c. Limitation of amount of assessment. No assessment exceeding the amount of $250 will be made against the pay of any offender under the provisions of Article 139, UCMJ for any single act or incident.

d. Acts of property owner. When the acts or omissions of the owner, his lessee, or his agent were a proximate contributing factor to the loss or damage of the property involved, assessment will not be made against any offender in excess of that amount for which he is found to be directly and solely responsible.

e. Only direct damages considered. Assessment will be made only for direct physical damages. Indirect, remote, or inconsequential damage will not be considered.

1005 COMPLAINT BY INJURED PARTY

a. Ordering investigation. Whenever a complaint is made to a commanding officer that willful damage has been done to property or that property has been wrongfully taken by members of the naval service, and the nature of the damage or wrongful taking is within the purview of Article 139, UCMJ, the commanding officer, if he has authority to convene special courts-martial and if an alleged offender is a member of his command, shall order an investigation of the matter. If the alleged offender is not a member of his command, he shall forward the complaint and all evidence which can be obtained locally to the commanding officer of the alleged offender. If the command of an alleged offender is not known, the complaint and all evidence which can be obtained locally shall be sent to the Chief of Naval Personnel or the Commandant of the Marine Corps, whichever is appropriate, for forwarding. If the commanding officer of an alleged offender does not have authority to convene special courts-martial, he shall forward the complaint to his superior with such authority, who shall, for the purposes of Article 139, UCMJ, be considered the commanding officer of the offender. If the incident complained of occurred at a place remote from the command of the alleged offender, and the commanding officer of the alleged offender so requests, the commanding officer of the naval activity located nearest the place of the incident shall order an investigation of the matter as required by Article 139, UCMJ and these regulations. Upon completion of such investigation, the record thereof shall be forwarded to the commanding officer who requested the investigation for action required by section 1007. Where more than one offender or more than one command is involved, the matter shall be handled by a single investigation, if practicable. In this connection see sections 0107 and 1008.

b. Advice to claimant. The commanding officer who orders the investigation of the complaint shall fully advise the claimant by the most practicable means, that:

(1) In order for a claim to be cognizable under Article 139, UCMJ, the claimant must be within the provisions of section 2011 of this Manual.

(2) A claim shall be presented, if practicable, in triplicate. It should contain a statement setting forth the amount of the claim, insurance coverage, and available detailed facts and circumstances surrounding the incident from which the claim arose. When there is more than one claimant as a result of a single incident, each such claimant must file a claim separately and individually. The claim shall be personally signed by the claimant or his duly authorized agent or representative. The appropriate portions of section 2013 of this Manual set forth additional information and evidence which ordinarily should be supplied by a person making claim for damage or loss of property.

(3) Such claim must be submitted to the investigating body as expeditiously as possible and not later than 30 days from the date of this advice.

1006 INVESTIGATION

*a. General The procedure for redress of injuries to property (Article 139, UCMJ) is accomplished by the use of a formal investigation or a court of inquiry. The claim is the subject of inquiry by either of these bodies, and the rules governing the appropriate type of investigation are applicable. The Privacy Act of 1974 must be fully complied with when conducting the formal investigation or court of inquiry and the record must demonstrate the compliance. See section 0308 and Appendix A-3-a.

b. Fact-finding body. The fact-finding body appointed to investigate a complaint under Article 139, UCMJ shall consist of from one to three commissioned officers. Subject to the provisions of these regulations, pertinent portions of section 2006 and 2007 respecting matters to be ascertained in investigating property damage are applicable. The claim of the owner or custodian of the property involved shall be made an enclosure to the record of proceedings of the fact-finding body.

c. Statutory requirements and powers. Under the authority of Article 139, UCMJ, witnesses may be

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summoned to testify at the investigation in the same manner as for courts-martial. See paragraph 115, MCM. However, when an investigation is convened to inquire into other matters in addition to investigating a complaint under Article 139, UCMJ, the power of subpoena shall not be used to compel the attendance of witnesses whose testimony is not directly related to the Article 139 claim. Witnesses before such investigations shall be examined on their oath or affirmation. Depositions, documents, and other evidence may be received in evidence.

d. Rights of an alleged offender. An alleged offender shall, if practicable, be accorded the rights of a party. See chapter III. If such rights are not accorded an alleged offender, and such rights have not been waived by him, he shall, prior to any charge being made against his pay, be afforded the opportunity to inspect the record of proceedings or a copy thereof. He shall, in such a case, submit a signed statement in regard thereto or to the effect that he does not desire to make such a statement. If, by reason of unauthorized absence or other factors, the rights of a party cannot be afforded to an alleged offender, a full and complete report of the reasons therefor shall be included in the record of proceedings. If, at the time of the convening of an Article 139 investigation, the identity of an offender is unknown, the investigation shall proceed with the subject matter of the inquiry. However, as soon as the identity of the offender becomes known, such person shall be called before the investigation (unless such action is impractical by reason of unauthorized absence or other factors), designated as a party to the investigation, and accorded his rights as such. Such proceedings and any waiver on the part of the offender shall be recorded verbatim. A person in an unauthorized absence or desertion status shall, while in such status, be considered as having waived his rights as a party to the investigation. Upon termination of the unauthorized absence or desertion, such person shall, if practicable, be accorded the rights of a party as to any portion of the investigation which has not then been completed.

e. Measure of damages. The inquiry or investigation is to be guided by the general claims regulations (chapter XX) in determining the measure of damages as a basis for recommending assessment.

f. Findings. The investigation shall make findings of fact as to the necessary elements set forth in these regulations pertaining to the validity of the claim under consideration and shall state its findings of fact and opinions, as appropriate, as to the person or persons responsible for the damage concerning which the claim is filed. Using the appropriate measure of damages, it shall determine the amount of damage incurred by the property owner.

g. Recommendations. The fact-finding body shall make recommendations as to the amount to be assessed and charged against the pay of the responsi ble party or parties. If more than one person is found to be responsible, recommendations shall be made as to the amount to be assessed against each offender.

h. Consolidation of investigations. A formal investigation conducted under Article 139, UCMJ may be combined with an investigation required for any other reason.

1007 ACTION TO BE TAKEN BY COMMANDING OFFICER AND HIGHER AUTHORITY WHERE OFFENDERS ARE MEMBERS OF ONE COMMAND

a. Action by commanding officer. When all of the offenders are members of the command of the officer who has ordered the investigation, such officer shall determine, in taking action on the record of such investigation, whether the claim is within the provi sions of Article 139, UCMJ and these regulations. If he finds that the claim is within such provisions, he shall fix the amount to be assessed against the offender or offenders. Subject to the limitations of section 1004, charges totaling the amount of damages assessed and approved shall be made in such propor tion as may be deemed just upon the pay of those shown to have been principals or accessories.

b. Review. If the commanding officer has authori ty to convene a general court-martial, no additional review of the investigation is required as to the redress of injuries to property. If the commanding officer does not have general court-martial jurisdiction, the original of the investigation, with the commanding officer's action thereon approving or

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