26-1139. Redress of injuries to
property
A. If a 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 national guard, under such rules as the adjutant general prescribes, he
may 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 authorized in this
section is conclusive on any disbursing officer for the payment by him to the injured
parties of the damages as 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 on the individual members 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.
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