Article 139 claims can protect damaged property

  • Published
  • By Lavonne Taylor
  • Office of the Staff Judge Advocate
JOINT BASE ELMENDORF-RICHARDSON, Alaska --  If someone in the military stole something from you, broke your window, or threw your smart phone on the ground, you are entitled to file an Article 139 Claim against that person - or in some cases a unit if the individual is not known to you.

Thes are claims against any service member for willfully damaging or wrongfully taking property while the service member is not on duty.

You are eligible to file if you are a civilian or military, a business, a charity, or a state or local government.

Claims covered by Article 139 include damage to property inflicted intentionally, knowingly, purposefully, and without a justifiable excuse, and claims for property wrongfully taken.

A wrongful taking in an unauthorized taking or withholding of property not involving a breach of a fiduciary or contractual relationship, with the intent to deprive the owner of the property temporarily or permanently.

Claims not covered by Article 139 include claims resulting from negligent acts such
as "fender-benders" or other such accident, personal injury or death, or claims resulting from acts or omissions of military personnel acting within the scope of their employment (these may be payable as a tort claim).

Also not covered are claims resulting from the conduct of Reserve component personnel who are not subject to the Uniform Code of Military Justice at the time of the offense, or subrogation claims - claims in which your insurance company is responsible for paying you claims for theft of services.

To be considered you must submit your claim within 90 days of the incident from which the claim arose unless there is good cause for the delay, and be presented either orally or in writing.

If presented orally, the claim must be reduced to a signed writing within 10 days after oral presentation.

Indirect, remote or consequential damages will not be considered.

If someone stole or willfully destroyed your stuff, contact the claims office and explain you wish to file an Article 139 claim.

For claims relating to Army members, contact the claims office in Building 600, Suite 313, 384-0330.

For claims relating to Air Force members, contact the office in the People Center, Suite 330, 552-3048. Claims relating to members of any other branch may be made at either office and will be forwarded to the proper service.