---
title: O.C.G.A. § 38-2-1139. Redress of injuries to private property; complaint; investigating board; assessment.
collection: code
id: 38-2-1139
cite_as: O.C.G.A. § 38-2-1139 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1139
md_url: https://georgiacommons.org/code/38-2-1139.md
text_url: https://georgiacommons.org/code/38-2-1139/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=522
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / MISCELLANEOUS PROVISIONS
---

# O.C.G.A. § 38-2-1139. Redress of injuries to private property; complaint; investigating board; assessment.

(a) Whenever a complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person’s property has been wrongfully taken by members of the organized militia, such commanding officer may, under such regulations prescribed pursuant to Part 1 of Article 2 of this chapter, 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 shall be subject to the approval of the commanding officer and, in the amount approved by such commanding officer, shall be charged against the pay of the offenders. The order of the commanding officer directing charges authorized by this Code section shall be conclusive on any disbursing officer for payment to the injured parties of the damages so 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 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.

## History

Code 1981, § 38-2-1139, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.

## Cross References

Destruction of property other than military property generally, § 38-2-541.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 939.