[§124A-165]  Redress of injuries toproperty.  (a)  Whenever complaint is made to any commanding officer thatwilful damage has been done to the property of any person or that the person'sproperty has been wrongfully taken by members of the state military forces, thecommanding officer may, subject to such rules as the governor may adopt,convene a board to investigate the complaint.  The board shall consist of fromone to three commissioned officers and, for the purpose of that investigation,it has power to summon witnesses and examine them upon oath or affirmation, toreceive depositions or other documentary evidence, and to assess the damagessustained against the responsible parties.  The assessment of damages made bythe board is subject to the approval of the commanding officer, and in theamount approved by the commanding officer shall be charged against the pay ofthe offenders.  The order of the commanding officer directing charges hereinauthorized is conclusive, except as provided in subsection (c), on anydisbursing officer for the payment by the disbursing officer to the injuredparties 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, chargestotaling the amount of damages assessed and approved may be paid to the injuredparties from the military funds of the units of the state military forces towhich the offenders belonged.

(c)  Any person subject to this chapter who isaccused of causing wilful damage to property has the right to be represented bycounsel, to summon witnesses in the person's behalf, and to cross-examine thoseappearing against the person.  The person has the right of appeal to the nexthigher commander. [L 1982, c 171, pt of §2; gen ch 1985]