Sec. 27-265. Investigation of complaint of damage by military personnel. Assessment of damages.
Sec. 27-265. Investigation of complaint of damage by military personnel. Assessment of damages. (a) Whenever complaint is made to any commanding officer that
wilful damage has been done to the property of any person or that his property has
been wrongfully taken by members of the state military forces, he may, subject to such
regulations as the Governor may prescribe, 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 may summon witnesses and examine them upon oath or affirmation,
receive depositions or other documentary evidence, and assess the damages sustained
against the responsible parties. The assessment of damages made by the board shall be
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 herein authorized shall be conclusive, except as provided in subsection
(c), on any disbursing officer for the payment by him to the injured parties 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, charges totaling the amount of damages assessed and
approved may be paid to the injured parties from the military funds of the units of the
state military forces to which the offenders belonged.
(c) Any person subject to this code who is accused of causing wilful damage to
property shall have the right to be represented by counsel, to summon witnesses in his
behalf, and to cross-examine those appearing against him. He shall have the right of
appeal to the next higher commander.
(1967, P.A. 717, S. 125.)