Misc Pub 27-8 Legal Handbook Commander’s 2019

C. Limitations on Types of Article 139 Claims

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

C. Limitations on Types of Article 139 Claims
Article 139 claims may not be processed for the following types of loss or destruction Breach of contract not involving larceny, forgery, embezzlement, fraud, or misappropriation Property damaged through negligence Personal injury or death Actions or omissions of military personnel acting within the scope of their employment.
D. Limitations on Financial Amounts of Article 139 Claims
Special Courts-Martial Convening Authorities (SPCMCAs) (normally, Brigade or Group Commanders) may approve claims that do not exceed $5,000 on a single claim. General Courts-
Martial Convening Authorities (GCMCAs) may approve claims that do not exceed $10,000 on a single claim. Only TJAG, DJAG, or the USARCS Commander (or his or her designee) may approve claims in excess of $10,000.
E. Processing Article 139 Claims
AR 27-20, chapter 9, governs the procedures for initiating and processing Article 139 claims. In particular, commanders should be aware of the following provisions.
1. Suspense for Filing
Claimants must file claims within 90 days of the incident causing the loss or destruction of property, unless the SPCMCA acting on the claim determines that there is good cause for delay.
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2. Place for Filing
Claimants should file claims with their servicing installation’s Claims Office. Claimants may do so either verbally or in writing, but if presented orally, the claim must be reduced to writing, signed, and seek a definite sum in US. dollars within 10 days after oral presentment.
3. Forwarding of Claim
Claims that are properly filed will be forwarded within two working days to the suspected Soldiers SPCMCA. If the SPCMCA determines the claim is cognizable, he will assign, within four working days of receiving the claim, an Investigating Officer (IO) to examine the allegations and surrounding facts and circumstances.

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