Code of Federal Regulations Title 32. National Defense § 32.536.128 Effect of disciplinary action, voluntary restitution, or contributory negligence for claims under the UCMJ

(a) Disciplinary action. Administrative action under Article 139, UCMJ, and this subpart is entirely separate and distinct from disciplinary action taken under other sections of the UCMJ or other administrative actions. Because action under both Article 139, UCMJ, and this subpart requires independent findings on issues other than guilt or innocence, a soldier's conviction or acquittal of claim-related charges is not dispositive of liability under Article 139, UCMJ.

(b) Voluntary restitution. The approval authority may terminate Article 139 proceedings without findings if the soldier voluntarily makes full restitution to the claimant.

(c) Contributory negligence. A claim otherwise cognizable and meritorious is payable whether or not the claimant was negligent.