(a) Whenever a complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person’s property has been wrongfully taken by members of the state military forces, the commanding officer may, in accordance with rules adopted by the governor or adjutant general, convene a board to investigate the complaint. The board shall consist of one to three commissioned officers, and, for the purpose of that investigation, shall have the power to summon witnesses and examine them upon oath or affirmation, 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 the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (c), on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 124B-235

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commanding officer: includes :

    (1) Only commissioned officers of the state military forces; and
    (2) Officers in charge only when administering nonjudicial punishment under section 124B-21. See Hawaii Revised Statutes 124B-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
(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 a proportion as is 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. Alternatively, 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 paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.
(c) Any person subject to this chapter who is accused of causing wilful damage to property shall have the right to be represented by counsel, to summon witnesses on the person’s behalf, and to cross-examine those appearing against the person. The person shall have the right of appeal to the next higher commander.

  Previous
Next  
 Part XI Contents