Exhibit 2: Copy of my March 7, 2008 e-mail to MRE, with a cc to you, regarding my request for reimbursement
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Article 139 Claims
If a soldier deliberately damages or destroys your property, you are entitled to compensation directly from the soldier. Article 139, Uniform Code of Military Justice (UCMJ), provides an easy, effective way for victims of deliberate misconduct to obtain compensation for the losses. A legal assistance attorney may help you understand the process and start your claim.
To start the recovery, the victim makes a written demand for a specific dollar amount to the commander of the accused soldier. A simple letter is enough. The letter should identify the guilty soldier and explain how the loss occurred. (If there are any witnesses, it is helpful to have a statement from them too, or at least provide their names and phone numbers.) The amount of the loss or damage should be substantiated with estimates of repair or estimates of the replacement cost.
You must submit your claim promptly. An unreasonable delay may result in the claim being denied. An Article 139 claim is an administrative action and is independent of any other criminal action against a soldier. There is no reason to delay filing or processing the Article 139 claim, even if criminal charges may be pending. The claim must be for personal property damage only. Bodily injuries, damage to real estate, contract disputes - such as arguments over a Family Child Care contract, and sale of a car, are not payable under Article 139. (See Army Regulation 27-20, Chapter 9.)
Claims for property willfully damaged. Willful damage is damage inflicted intentionally, knowingly, and purposefully without justifiable excuse, as distinguished from damage caused inadvertently or thoughtlessly in a negligent manner. Damage, loss, or destruction of property caused by riotous, violent, or disorderly acts or acts of depredation, or through conduct showing reckless or wanton disregard of the property rights of others, may be considered willful damage.
Claims for property wrongfully taken. A wrongful taking is any unauthorized taking or withholding of property, not involving the breach of a fiduciary or contractual relationship, with the intent to deprive, temporarily or permanently, the owner or person lawfully in possession of the property. Damage, loss, or destruction of property through larceny, forgery, embezzlement, fraud, misappropriation or similar offense may be considered wrongful taking.
Article 139 claims provide an opportunity, unique in the military, to force the wrongdoer to directly compensate victims for property damage or destruction. Command emphasis ensures that the investigation is completed quickly. Many offenders are pending elimination or court-martial and speedy processing of the Article 139 claim is essential to ensure the claimant is paid. Once the offender is no longer receiving other remedy for his loss.
Exhibit 1: My original correspondence requesting an embed with CPIC, dated January 18, 2008:
From: Jane stillwater [mailto:jpstillwater@yahoo.com] Sent: Friday, January 18, 2008 9:28 AM To: MNFI Mediaembed Subject: Media embed request -- is it possible for February?
Stillwater is a freelance writer who hates injustice and corruption in any form but especially injustice and corruption paid for by American taxpayers. She has recently published a book entitled, "Bring Your Own Flak Jacket: Helpful Tips For Touring Today's Middle East". According to Ms. Stillwater, "It's a fabulous and entertaining book. I loved writing it. And I hope that you will love reading it too." It's available at http://www.amazon.com/Bring-Your-Own-Flak-Jacket/dp/0978615719 or you can special order it at any independent bookstore.
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