26-1139. Redress of injuries to property
A. If a 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 national guard, under such rules as the adjutant general prescribes, he may convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, 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 is 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 section is conclusive on any disbursing officer for the payment by him to the injured parties of the damages as 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 on the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.