[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR755.6]

[Page 443-444]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 755_CLAIMS FOR INJURIES TO PROPERTY UNDER ARTICLE 139 OF THE UNIFORM 
CODE OF MILITARY JUSTICE--Table of Contents
 
Sec. 755.6  Action where offenders are members of one command.

    (a) Action by commanding officer. The commanding officer shall 
ensure the alleged offenders are shown the investigative report and are 
advised they have 20 days within which to submit a statement or 
additional information on the incident. If the member declines to submit 
information, he shall so state in writing within the 20 day period. The 
commanding officer shall review the investigation and determine whether 
the claim is properly within the provisions of Article 139, UCMJ, and 
these regulations, and whether the facts indicate responsibility for the 
damage on members of the command. If the commanding officer finds the 
claim payable under these regulations, he shall fix the amount to be 
assessed against the offenders.
    (b) Review. If the commanding officer has authority to convene a 
general court-martial, no further review of the investigation is 
required as to the redress of injuries to property. If the

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commanding officer does not have general court-martial convening 
authority, the investigation and the commanding officer's action thereon 
shall be forwarded to the officer exercising general court-martial 
jurisdiction (OEGCM) over the command for review and action on the 
claim. That officer's action on the claim shall be communicated to the 
commanding officer who will take action consistent with the 
determination.
    (c) Charge against pay. Where the amount does not exceed $5,000.00, 
the amount ordered by the commanding officer shall, as provided in the 
Navy Comptroller Manual, be charged against the pay of the offenders and 
the amounts so collected will be paid to the claimant. Where the amount 
exceeds $5,000.00, the claim, the investigation, and the commanding 
officer's recommendation shall be forwarded for review prior to checkage 
to Headquarters, U.S. Marine Corps (Code JAR) or the Judge Advocate 
General, as appropriate. The amount charged in any single month against 
the pay of offenders shall not exceed one-half of basic pay, as defined 
in paragraph 126h(2), Manual for Courts-Martial. The action of the 
commanding officer in ordering the assessment shall be conclusive on any 
disbursing officer for payment to the claimant of the damages assessed, 
approved, charged, and collected.