Art. 138. Complaints of wrongsAny member of the armed forces whobelieves himself wronged by his commandingofficer, and who, upon due application to thatcommanding officer, is refused redress, maycomplain to any superior commissionedofficer, who shall forward the complaint to theofficer exercising general court-martialjurisdiction over the officer against whom it ism a d e . T h e o ffi c e r exe r c i s i n g g e n e r a lcourt-martial jurisdiction shall examine intothe complaint and take proper measures forredressing the wrong complained of; and heshall, as soon as possible, send to the Secretaryconcerned a true statement of that complaint,with the proceedings had thereon.This article provides for redress of wrongs inflictedby a commanding officer on subordinates, and itprescribes the procedure to be followed by subordinatesto apply for such redress.Art. 139. Redress of injuries to property(a) Whenever complaint is made to anycommanding officer that willful damage hasbeen done to the property of any person or thathis property has been wrongfully taken bymembers of the armed forces, he may, undersuch regulations as the Secretary concernedmay prescribe, convene a board to investigatethe complaint. The board shall consist of fromone to three commissioned officers and, for thepurpose of that investigation, it has power tosummon witnesses and examine them upono a t h , t o r e c e ive d e p o s i t i o n s o r o t h e rdocumentary evidence, and to assess thedamages sustained against the responsibleparties. The assessment of damages made bythe board is subject to the approval of thecommanding officer, and in the amountapproved by him shall be charged against thepay of the offenders. The order of thecommanding officer directing charges hereinauthorized is conclusive on any disbursingofficer for the payment by him to the injuredparties of the damages as assessed andapproved.(b) If the offenders cannot be ascertained,but the organization or detachment to whichthey belong is known, charges totaling theamount of damages assessed and approved maybe made in such proportion as may beconsidered just upon the individual membersthereof who are shown to have been present atthe scene at the time the damages complainedof were inflicted, as determined by theapproved findings of the board.Nonjudicial PunishmentIf you break a rule or are negligent, careless, orunmilitary in your conduct, an officer or petty officermay put you on report. Being put on report means youmay appear before the commanding officer at aspecified time for nonjudicial punishment (UCMJ, art.15); that is, you may appear at captain’s mast.Art. 15. Commanding Officer’s nonjudicialpunishment(a) U n d e r s u c h r e g u l a t i o n s a s t h ePresident may prescribe, and under suchadditional regulations as may be prescribed bythe Secretary concerned, limitations may beplaced on the powers granted by this articlewith respect to the kind and amount ofpunishment authorized, the categories ofcommanding officers and warrant officersexercising command authorized to exercisethose powers, the applicability of this article toan accused who demands trial by court-martial,and the kinds of courts-martial to which thecase may be referred upon such a demand.However, except in the case of a memberattached to or embarked in a vessel, punishmentmay not be imposed upon any member of thearmed forces under this article if the memberhas, before the imposition of such punishment,demanded trial by court-martial in lieu of suchpunishment. Under similar regulations, rulesmay be prescribed with respect to thesuspension of punishments authorizedhereunder. If authorized by regulations of the2-36Student Notes:
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