Office of the Staff Judge Advocate Site

How To File An Article 139 Claim

What is an Article 139 Claim?

Article 139 of the Uniform Code of Military Justice, entitled “Redress of injuries to property,” allows individuals to be compensated if a service member has wrongfully taken or willfully damaged their property.

For example, an Article 139 Claim would be appropriate where one soldier uses a person’s credit card without the owner’s permission, or where a soldier slashes the tires of another person’s personally owned vehicle.

Who may make an Article 139 Claim?

Any individual (civilian or military) may file an Article 139 Claim against a service member.

What type of property loss or damage is covered by Article 139?

Willfully damaged or destroyed essentially means vandalism — damage or loss which is intentionally inflicted. Loss or damage caused by violent or disorderly conduct may be considered intentionally inflicted.
Wrongful taking essentially means a theft — an unauthorized taking or withholding of property with the intent to deprive the owner of possession.

When do I file an Article 139 Claim?

A claim must be submitted within 90 days of the incident which gave rise to the claim, or good cause for the delay must be shown. An example of good cause would be if the individual does not know the identity of the offender or is not aware of Article 139.

How do I make an Article 139 Claim?

A claim may be submitted orally, but within 10 calendar days it must be reduced to writing, signed by the claimant, and specify a definite amount requested.

Caution: An oral claim which is not reduced to writing within 10 calendar days may be dismissed.

The claim should be submitted to the Special Court-Martial Convening Authority (SPCMCA) exercising jurisdiction over the soldier, or to the local military claims office. The Fort Benning Claims division is available to assist you in this process.

What happens after I file a claim?

If the claim appears to be cognizable, the SPCMCA will appoint an investigating officer (IO). After conducting an investigation, the IO will submit written findings and recommendations to the SPCMCA.

If the investigating officer determines it is “more likely than not” (i.e., there is a preponderance of the evidence) that the claim is valid, then the SPCMCA can order up to $5,000 in compensation to be approved immediately. Higher amounts require approval by the U.S. Army Claims Service.

The claimant and the soldier against whom the claim was made will be notified by the approval authority if the claim is approved or disapproved. Once any requests for reconsideration have been dealt with the approving authority will order the victim to be compensated directly through the wrongdoer’s military pay.

The following actions should be taken before an Article 139 Claim is submitted:

___ Review the above information regarding an Article 139 Claim.

___ Complete the Article 139 Claim form on the following page.

___ Attach any police reports or statements from witnesses.*

___ Attach proof of ownership of the damaged or missing property.*

___ Attach information on the purchase price of the property.*

___ Attach estimates for repair of the damaged property. Most claims require two estimates for repair. If the property is a total loss, the repair estimate needs to state the property is a total loss.*

* If available

Article 139 Claim Form

For further information on this subject or for any questions regarding claims contact the Fort Benning Claims Office at 706-545-1628