The key words in Article 139 are “willfully damaged” or “wrongfully taken,” meaning, generally, vandalism or theft. Willful damage is damage inflicted intentionally, knowingly, and purposefully without a justifiable excuse. Willful damage is not damage caused inadvertently or thoughtlessly in a negligent manner. A wrongful taking is any unauthorized taking or withholding of property, with the intent to temporarily or permanently deprive the rightful owner. An investigating officer must find that the offender intended the act that caused the loss or showed a reckless or wanton disregard of the property rights of the claimant. An Article 139 claim is appropriate if it is shown, for example, that a particular soldier stole personal property, such as a stereo or camera or cash, and that property cannot be recovered. An Article 139 claim would also be appropriate if a soldier intentionally vandalized an automobile or willfully destroyed or damaged a claimant’s personal property.
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