§ 536.128. Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ.
109 words·~1 min read·
/us/cfr/t32/s§ 536.128·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Disciplinary action. Administrative action under Article 139, UCMJ, and this subpart is entirely separate and distinct from disciplinary action taken under other sections of the UCMJ or other administrative actions. Because action under both Article 139, UCMJ, and this subpart requires independent findings on issues other than guilt or innocence, a soldier's conviction or acquittal of claim-related charges is not dispositive of liability under Article 139, UCMJ.
(b)Voluntary restitution. The approval authority may terminate Article 139 proceedings without findings if the soldier voluntarily makes full restitution to the claimant.
(c)Contributory negligence. A claim otherwise cognizable and meritorious is payable whether or not the claimant was negligent.