Title 38, Chapter 2, Section 576
( 38-2-576)
(a) Whenever complaint is made to any commanding 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 organized
militia, the officer may, subject to such regulations as may be
prescribed pursuant to this chapter, convene a board to investigate
the complaint. The board shall consist of from one to three officers
and shall have, for the purpose of the investigation, power to
summon witnesses and examine them upon oath or affirmation, to
receive depositions or other documentary evidence, and to 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 authorized in this subsection
shall be conclusive on any disbursing officer for the payment by him
to the injured parties of the damages so assessed and approved. (b) Where the offenders cannot be ascertained but the organization
or detachment to which they belong is known, the adjutant general
may direct that the amount of damages assessed and approved be paid
to the injured parties from the military fund of the unit or units
of the organized militia to which the offenders belong. |