CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER V—DEPARTMENT OF THE ARMY (parts 400 to 668) > SUBCHAPTER B—CLAIMS AND ACCOUNTS (parts 534 to 538) > PART 536—CLAIMS AGAINST THE UNITED STATES > SUBPART I—Claims Cognizable Under Article 139, Uniform Code of Military Justice (§536.125 to §536.134) > 536.128—Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.

536.128—Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.

(a) Disciplinary action. Administrative action under Article 139, UCMJ, and this subpart is entirely separate and distinct from disciplinary action taken under other sections of the UCMJ or other administrative actions. Because action under both Article 139, UCMJ, and this subpart requires independent findings on issues other than guilt or innocence, a soldier's conviction or acquittal of claim-related charges is not dispositive of liability under Article 139, UCMJ.
(b) Voluntary restitution. The approval authority may terminate Article 139 proceedings without findings if the soldier voluntarily makes full restitution to the claimant.
(c) Contributory negligence. A claim otherwise cognizable and meritorious is payable whether or not the claimant was negligent.