10 U.S.C. § 939 — Art. 139. Redress of injuries to property

Page 840 TITLE 10—ARMED FORCES § 938 (2) maintained by the Secretary of Defense in electronic formats that are updated periodi- cally and made available on the Internet. (Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, § 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, § 1152, Feb. 10, 1996, 110 Stat. 468; Pub. L. 114–328, div. E, title LXI, § 5503, Dec. 23, 2016, 130 Stat. 2960; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(R), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 118–31, div. A, title XVII, § 1722(f)(3), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title XVII, § 1701(a)(17), Dec. 23, 2024, 138 Stat. 2204.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 937 .......... 50:733. May 5, 1950, ch. 169, § 1 (Art. 137), 64 Stat. 144. The word ‘‘each’’ is substituted for the word ‘‘every’’. The word ‘‘member’’ is substituted for the word ‘‘per- son’’. The words ‘‘in [any of] the armed forces of the United States’’ are omitted as surplusage. Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tion 973 of this title. AMENDMENTS 2024—Subsec. (a)(2)(B). Pub. L. 118–159 inserted ‘‘the’’ before ‘‘Space Force’’. 2023—Subsec. (a)(1)(C). Pub. L. 118–31, § 1722(f)(3)(A), added subpar. (C). Subsec. (a)(2)(B), (C). Pub. L. 118–31, § 1722(f)(3)(B), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(1)(B). Pub. L. 118–31, § 1722(f)(3)(C), in- serted ‘‘or the Space Force’’ after ‘‘in a reserve compo- nent’’. Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(3)(D), sub- stituted ‘‘, to a member of a reserve component, or to a member of the Space Force,’’ for ‘‘or to a member of a reserve component,’’. 2017—Subsec. (a)(1). Pub. L. 115–91, § 1081(c)(1)(R)(i), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(R)(ii), which di- rected amendment of subsec. (b) by striking out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chap- ter’’ in the matter preceding subparagraph (A), was ex- ecuted by making the amendment in introductory pro- visions of par. (1) of subsec. (b), to reflect the probable intent of Congress. Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(R)(iii), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. 2016—Subsec. (a). Pub. L. 114–328, § 5503(1), inserted heading. Subsec. (a)(1). Pub. L. 114–328, § 5503(1), substituted ‘‘The sections (articles) of this chapter (the Uniform Code of Military Justice)’’ for ‘‘The sections of this title (articles of the Uniform Code of Military Justice)’’ in introductory provisions. Subsecs. (b) to (d). Pub. L. 114–328, § 5503(2), (3), added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: ‘‘The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the mem- ber’s personal examination.’’ 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘with- in fourteen days’’ for ‘‘within six days’’. 1986—Pub. L. 99–661 amended section generally, in- serting provisions relating to reserve components. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title. § 938. Art. 138. Complaints of wrongs Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall for- ward the complaint to the officer exercising gen- eral court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 938 .......... 50:734. May 5, 1950, ch. 169, § 1 (Art. 138), 64 Stat. 144. The words ‘‘commanding officer’’ are substituted for the word ‘‘commander’’. The word ‘‘who’’ is inserted after the word ‘‘and’’. The word ‘‘commissioned’’ is in- serted after the word ‘‘superior’’ for clarity. The words ‘‘The officer exercising general court-martial jurisdic- tion’’ are substituted for the words ‘‘That officer’’ for clarity. The word ‘‘send’’ is substituted for the word ‘‘transmit’’. The word ‘‘Secretary’’ is substituted for the word ‘‘Department’’ for accuracy, since the ‘‘De- partment’’, as an entity, could not act upon the com- plaint. § 939. Art. 139. Redress of injuries to property (a) Whenever complaint is made to any com- manding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regula- tions as the Secretary concerned 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 Page 841 TITLE 10—ARMED FORCES § 940a that investigation, it has power to summon wit- nesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the re- sponsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount ap- proved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the pay- ment by him to the injured parties of the dam- ages 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 made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as de- termined by the approved findings of the board. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 939(a) ...... 939(b) ...... 50:735(a). 50:735(b). May 5, 1950, ch. 169, § 1 (Art. 139), 64 Stat. 144. In subsection (a), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Depart- ment’’. The word ‘‘under’’ is substituted for the words ‘‘subject to’’. The words ‘‘or affirmation’’ are omitted as covered by the definition of the word ‘‘oath’’ in sec- tion 1 of title 1. The words ‘‘it has’’ are substituted for the words ‘‘shall have’’ in the second sentence. The word ‘‘is’’ is substituted for the words ‘‘shall be’’ before the words ‘‘subject’’ and ‘‘conclusive’’. The word ‘‘com- missioned’’ is inserted for clarity. In subsection (b), the word ‘‘If’’ is substituted for the word ‘‘Where’’. The word ‘‘considered’’ is substituted for the word ‘‘deemed’’. § 940. Art. 140. Delegation by the President The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 940 .......... 50:736. May 5, 1950, ch. 169, § 1 (Art. 140), 64 Stat. 145. The word ‘‘may’’ is substituted for the words ‘‘is au- thorized to * * * to’’. § 940a. Art. 140a. Case management; data collec- tion and accessibility (a) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system (including with respect to the Coast Guard), including pretrial, trial, post-trial, and appellate processes, using, insofar as prac- ticable, the best practices of Federal and State courts: (1) Collection and analysis of data con- cerning substantive offenses and procedural matters in a manner that facilitates case man- agement and decision making within the mili- tary justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146). (2) Case processing and management. (3) Timely, efficient, and accurate produc- tion and distribution of records of trial within the military justice system. (4) Facilitation of public access to docket in- formation, filings, and records, taking into consideration restrictions appropriate to judi- cial proceedings and military records. (b) PROTECTION OF CERTAIN PERSONALLY IDEN- TIFIABLE INFORMATION.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uni- form standards and criteria for conduct estab- lished by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (in- cluding victims of sexual assault and domestic violence), as practicable to the extent such in- formation is restricted in electronic filing sys- tems of Federal and State courts. (c) INAPPLICABILITY TO CERTAIN DOCKETS AND RECORDS.—Nothing in this section shall be con- strued to provide public access to docket infor- mation, filings, or records that are classified, subject to a judicial protective order, or ordered sealed. (d) PRESERVATION OF COURT-MARTIAL RECORDS WITHOUT REGARD TO OUTCOME.—The standards and criteria prescribed by the Secretary of De- fense under subsection (a) shall provide for the preservation of general and special court-mar- tial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years. (Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961; amended Pub. L. 116–92, div. A, title V, § 534(a), Dec. 20, 2019, 133 Stat. 1361; Pub. L. 116–283, div. A, title V, § 543, Jan. 1, 2021, 134 Stat. 3613.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, in introductory provisions substituted ‘‘The Secretary of Defense, in consultation with the Secretary of Homeland Security,’’ for ‘‘The Secretary of Defense’’ and inserted ‘‘(including with re- spect to the Coast Guard)’’ after ‘‘military justice sys- tem’’, in par. (4) inserted ‘‘public’’ before ‘‘access to docket information’’, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–328, div. E, title LXI, § 5504(b), Dec. 23, 2016, 130 Stat. 2961, provided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a). ‘‘(2) STANDARDS AND CRITERIA.—Not later than 4 years after the date of the enactment of this Act, the stand- ards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Mili-