In the most recent addition of the 2nd Infantry Division’s Indianhead newspaper (PDF download here) it provides a good article on options that soldiers have available to them in order to file a legal claim: 

We all know that there are a number of advantages to military life. Included in those are the people we meet, work with, and befriend. The close quarters in which we live, work, and recreate with other Soldiers sometimes requires us to trust each other more completely than we otherwise might. Unfortunately (and thankfully only occasionally), those we must trust sometimes betray the faith that we place in them. See if this scenario sounds familiar: you return to your barracks after a night out and find the door to your room open. Your television, computer, stereo, MP3 player, and other possessions are gone. You have been robbed! And to make matters worse, you find out that a fellow Soldier is responsible. In addition to feeling betrayed and angry, you now have to replace all of the stuff that was stolen from you. But it can be difficult on a Soldier’s pay to replace items that have taken you years to accumulate.

What can you do? The Uniform Code of Military Justice may provide an answer. Though most of us think of the UCMJ as the code of rules that governs the actions of all members of the Armed Forces, Article 139 may provide a way for victimized Soldiers to obtain compensation for losses they have suffered at the hands of fellow Soldiers. Article 139 allows commanders to investigate claims filed by victims of a wrongful taking or the willful destruction of property, and, if substantiated, to direct Finance to pay the victim directly from the wrongdoer’s pay. If an individual offender cannot be determined, Article 139 authorizes commanders to direct Finance to withhold the pay of all members of a unit who were present when the property was damaged or taken. To file a claim, the Soldier simply writes a statement of his claim and forwards it to the post Claims Office. Once the claim is received, an investigating officer will be appointed. The IO will interview the claimant Soldier, the suspect Soldier, and any witnesses.

After a thorough investigation, the IO will determine the facts of the case and will forward them and a recommendation for approval or disapproval to the appropriate commander. When the report is received, the commander may approve or disapprove the IO’s recommendations or may alter the dollar amount to be recovered. After the commander acts, the claimant and the wrongdoer will be given the opportunity to request reconsideration of the commander’s action. Once this period has passed, a Claims Attorney will conduct a legal review of the file. After the legal review has been completed, the commander will direct Finance to withhold money from the wrongdoing Soldier’s pay and to give it to the claimant Soldier. Keep in mind that: "Your claim must be in writing–it must be signed by the claimant and it must request a definite sum of money from the wrongdoer."

You usually have 90 days from the incident leading to your loss to file a claim. This period may be extended for good cause. This usually occurs only when the identity of the wrongdoer is unknown. "Your property must have been wrongfully taken or willfully damaged. Wrongfully taken usually refers to property that has been stolen. Willful damage is that damage intentionally, knowingly, or purposely inflicted without justification. Article 139 claims are not valid for property damage resulting from negligence (i.e., accidents) or for death or personal injury. If you believe that a member of the Armed Forces has taken or damaged your property, an Article 139 claim may offer you the opportunity to recover some of your losses. If you have any questions about a potential claim, please call the 2ID claims Staff Judge Advocate at (DSN) 732-7501, or contact your post’s legal assistance office.

I had one case similar to this with a soldier in my unit and it was a huge paperwork drill but ultimately after many months he did get paid for his missing goods.  I had another case where a soldier claimed his stuff was stolen but after the investigation it was discovered he was selling his TA-50 gear in the ville in order to feed his juicy girl habbit. 

In my experience I have found an assignment to Korea to have much more petty theft compared to the US.  I am also convinced a lot of the petty theft is because of the close quarters and people wanting to feed their juicy girl habbits.  Just read through my USFK Crime Archive to confirm this.  However, it is good to see that the military does offer soldiers a way to get reimbursed when theft does happen, especially while being stationed in Korea.

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