1. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his or her property has been wrongfully taken by members of the Nevada National Guard, he or she may, subject to Office regulations, convene a board to investigate the complaint. The board must consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him or her must be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3, on any disbursing officer for the payment by him or her to the injured parties of the damages so assessed and approved.

2. If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the Nevada National Guard to which such offenders belong.

3. Any person subject to this Code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his or her behalf and to cross-examine those appearing against him or her. He or she has the right to appeal to the next higher commander.

(Added to NRS by 1967, 1337; A 1993, 1614)