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SUBCHAPTER
XI. MISCELLANEOUS PROVISIONS
936. 135. Courts
of inquiry
936.
136. Authority to administer oaths and to act as notary.
937. 137. Articles to be explained.
938. 138.
Complaints of wrongs.
939. 139. Redress of
injuries to property.
940. 140. Delegation by the President.
(a) Courts of inquiry to investigate any matter may be
convened by any person authorized to convene a general
court-martial or by any other person designated by the Secretary
concerned for that purpose, whether or not the persons involved
have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned
officers. For each court of inquiry the convening authority
shall also appoint counsel for the court.
(c) Any person subject to this chapter whose conduct is
subject to inquiry shall be designated as a party. Any person
subject to this chapter or employed by the Department of Defense
who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any
person designated as a party shall be given due notice and has
the right to be present, to be represented by counsel, to cross-
examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a
party, but only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of
courts of inquiry shall take an oath to faithfully perform their
duties.
(f) Witnesses may be summoned to appear and testify and be
examined before courts of inquiry, as provided for
courts-martial.
(g) Courts of inquiry shall make findings of fact but may not
express opinions or make recommendations unless required to do
so by the convening authority.
(h) Each court of inquiry shall keep a record of its
proceedings, which shall be authenticated by the signatures of
the president and counsel for the court and forwarded to the
convening authority. If the record cannot be authenticated by
the president, it shall be signed by a member in lieu of the
president. If the record cannot be authenticated by the counsel
for the court, it shall be signed by a member in lieu of the
counsel.
(a) The following persons on active duty or performing
inactive-duty training may administer oaths for the purpose of
military administration, including military justice, and have
the general powers of a notary public and of a consul of the
United States, in the performance of all notarial acts to be
executed by members of any of the armed forces, wherever they
may be, by persons serving with, employed by, or accompanying
the armed forces outside the United States and outside the Canal
Zone, Puerto Rico, Guam, and the Virgin Islands, and by other
persons subject to this chapter outside the United States.
(1) All judge advocates
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and
personnel adjutants.
(4) All commanding officers of the Navy, Marine Corps, and
Coast Guard.
(5) All staff judge advocates and legal officers, and acting
or assistant staff judge advocates and legal officers.
(6) All other persons designated by regulations of the armed
forces or by statute.,
(b) The following persons on active duty or performing
inactive-duty training may administer oaths necessary in the
performance of their duties:
(1) The president, military judge, trial counsel, and
assistant trial counsel for all general and special
courts-martial.
(2) The president and counsel for the court of any court of
inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of the armed
forces or by statute.
(c) No fee may be paid to or received by any person for the
performance of any notarial act herein authorized.
(d) The signature without seal of any such person acting as
notary, together with the title of his office, is prima facie
evidence of his authority.
(a) (1) The sections of this title (articles of the Uniform
Code of Military Justice) specified in paragraph (3) shall be
carefully explained to each enlisted member at the time of (or
within six days after)--
(A) the member's initial entrance on active duty; or
(B) the member's initial entrance into a duty status with a
reserve component.
(2) Such sections (articles) shall be explained again--
(A) after the member has completed six months of active duty
or, in the case of a member of a reserve component, after the
member has completed basic or recruiting training; and
(B) at the time when the member reenlists.
(3) This subsection applies with respect to sections 802,
803, 807- 815, 825, 827, 831, 837, 838, 855, 877-934, and
937-939 of this title (articles 2, 3, 7-15, 25, 27, 31, 38, 55,
77-134, and 137-139).
(b) The text of the Uniform Code of Military Justice and of
the regulations prescribed by the President under such Code
shall be made available to a member on active duty or to a
member of a reserve component, upon request by the member, for
the member's personal examination.
Any member of the armed forces who believes himself wronged
by his commanding officer, and who, upon due application to that
commanding officer, is refused redress, may complain to any
superior commissioned officer, who shall foreword the complaint
to the office exercising court- martial jurisdiction over the
officer against whom it is made. The officer exercising general
court-martial jurisdiction shall examine into the complaint and
take proper measures for redressing the wrong complained of; and
he shall, as soon as possible, send to the Secretary concerned a
true statement of that complaint, with the proceedings thereon.
(a) Whenever a complaint is made to any commanding officer
hat willful damage has been done to the property of any person
or that his property has been wrongfully taken by members of the
armed forces, he may, under such regulations as the Secretary
concerned may prescribe, convene an board to investigate the
complaint. The board shall consist of from one to three
commissioned officers and, for the purpose of investigation, it
has the 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 herein
authorized 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 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 upon the individual members
thereof 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.
The President may delegate any authority vested in him under
this chapter, and provide for sub delegation of any such
authority.
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