UNIFORM CODE OF MILITARY JUSTICE INVOKED AGAINST TROOP CLAIMS, RAISING CONCERNS

Filing a claim as a service member should be an easy process, even if it’s for lost or damaged property.

Service members should expect that their claims will be reviewed fairly based on the evidence they provide. But now, some claims are being denied, not only denied but also citing violations of the Uniform Code of Military Justice (UCMJ), specifically wrongful appropriation and fraud, which raises serious concerns to some.

What Is the Uniform Code of Military Justice?

The Uniform Code of Military Justice is a set of laws that all US military service members must follow. In simple words, it covers everything, such as how Soldiers should behave and the punishments when they break the rules.

The Uniform Code of Military Justice applies to all active-duty members and National Guard members when they are called to serve. It includes rules about things like desertion (leaving without permission), insubordination (disobeying orders), and other serious offenses.

However, the main purpose of this is to keep order and discipline the military service members with fair treatment.

UCMJ Being Misconducted

There was a recent case where a service member shared their frustration through a Facebook post because of a claim denial. According to them, they followed all the steps to file a claim, documented all their losses, provided a detailed inventory, and submitted supporting evidence.

But even though they provided all the necessary details, the claim was completely denied. The response from the Claims Department of Cinco Star Forwarding said that the denial was because of the provided evidence, suggesting they violated Article 121 UCMJ (Wrongful Appropriation) and Article 124 (Fraud) UCMJ.

Many people shared their insight on the comments, saying this was an unusual response, as when a claim is denied, it should involve a lack of evidence or missing documents.

Why Everyone Should Be Aware

The Uniform Code of Military Justice is meant to handle criminal offenses committed by military service members, and it is enforced by military leadership, legal authorities, and the court-martial process; therefore, this is not something that a civilian claims department should enforce or do.

One judge advocate general provided insight into this situation, where they said:

1. A civilian moving or claims company cannot enforce UCMJ
2. UCMJ violations involve a legal process, not the denial of a claim
3. This misuse of UCMJ could set a dangerous precedent

With this, a claim denial should be clearly based on policy and evidence and not be based on legal accusations that fall outside the jurisdiction of the claims office.

How Can You Protect Yourself

This case can happen to everyone, so for military service members who find themselves in a similar situation, there are steps that can help them to protect themselves against this type of claim denial:

1. Request Clarification in Writing: If you find that a claim office cites UCMJ as a reason for denial, you can ask them for specific details, such as what evidence they are using to support their UCMJ accusation.
2. Consult a JAG Officer: Asking for help from a military attorney can help you review the case and see if the claims office is overstepping its authority.
3. File a Congressional Complaint: If the claims department refuses to solve the issue, you can file a complaint with a congressional representative to bring attention to possible misconduct in the process.
4. Document Everything: It’s very important that you have evidence to support your case, so keep a record of all emails, claims submissions, and denial letters, as this will help you build a strong case if it comes to an appeal.

The Uniform Code of Military Justice was created and is being implemented to ensure that cases are resolved through a fair legal system. It shouldn’t be used as a weapon against service members seeking compensation for lost or damaged property.

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Sources:

• UCMJ – Uniform Code of Military Justice – Military Law