Article 139 Claims
Office of the Staff Judge Advocate
Claims Division
If you feel a member of the Armed Forces has willfully damaged or wrongfully taken
your property you may be able to recover your damages by filing an Article 139 claim.
Article 139, UCMJ, provides a means of redress to any individual or business whether
civilian or military who believes their property has been willfully damaged or wrongfully
taken by a member of the Armed Forces of the United States. An Article 139 claim is a
complaint made to the Brigade Commander of the offending soldier. Article 139 authorizes
the Brigade Commander to investigate allegations of wrongful taking or willful damage of
property by soldiers in their command, and to direct finance to pay the victim directly from
the soldier’s pay if appropriate.
The key words in Article 139 are “willfully damaged” or “wrongfully taken,”
meaning, generally, vandalism or theft. Willful damage is damage inflicted intentionally,
knowingly, and purposefully without a justifiable excuse. Willful damage is not damage
caused inadvertently or thoughtlessly in a negligent manner. A wrongful taking is any
unauthorized taking or withholding of property, with the intent to temporarily or permanently
deprive the rightful owner. An investigating officer (IO) must find that the offender intended
the act that caused the loss or showed a reckless or wanton disregard of the property rights of
the claimant. An Article 139 claim is appropriate if it is shown, for example, that a particular
soldier stole personal property, such as a stereo or camera or cash, and that property cannot
be recovered. An Article 139 claim would also be appropriate if a soldier intentionally
vandalized an automobile or willfully destroyed or damaged a claimant’s personal property.
Article 139 does not apply to claims for property damage resulting from negligence
(such as most fender-bender traffic accidents), or for death or personal injury. Article 139
does not apply to disputes over debts, contracts, or over ownership of property, unless the
dispute is merely a cloak for intent to steal. Article 139 does not include claims for indirect,
remote or consequential damages. For example, if Private A has to rent a car because Private
B wrongfully took and wrecked Private A’s car, Private A can recover only the reasonable
value of the damage to the car.
The Article 139 claim must be written, signed by the claimant and seek a definite sum
of money in U.S. dollars. The complaint must be submitted within 90 days of the incident
giving rise to it, unless there is good cause for the delay. Although the complaint may be
submitted to any commander in the offender or claimant’s chain of command, it is better to
submit the claim through the Claims Office. The Claims Office will forward the complaint
to the offender’s Brigade Commander. The Brigade Commander will appoint an
investigating Officer within four days of the receipt of the claim. The IO completes the
investigation within 10 days of receipt of the claim and submits the report to the Brigade
Commander who returns the report to the Claims Office for legal review.
