Can a Sergeant Major in the National Guard take possession of a Soldier's property?

2017-05-31T16:48:21-04:00

Response by MSG Private RallyPoint Member made May 31 at 2017 4:50 PM

2017-05-31T16:50:41-04:00

As in securing the property until the Soldier retrieves it? Soldier deploys and wants the SGM to hold onto his stuff?

Response by MSgt Steven Holt, NRP, CCEMT-P made May 31 at 2017 4:56 PM

2017-05-31T16:56:28-04:00

Sorry SSG Private RallyPoint Member but I need more details. Is the Soldier deployed and needs someone to watch his stuff? DOA (God forbid) and waiting on family? Incarcerated or otherwise unable to retrieve his own property? Just way to many variables to answer here.

Response by MSG Brad Sand made May 31 at 2017 4:57 PM

2017-05-31T16:57:33-04:00

The soldier's property or the Army's property the soldier is signed for?

Response by SGM Erik Marquez made May 31 at 2017 5:31 PM

2017-05-31T17:31:08-04:00

SSG Private RallyPoint Member need more info.
Unit property ? Army property?
Personal property?
With or without acknowledgment of the SM prpoperty owner?
Is the SM not available to secure their own property ... like in county jail, hospital ? Pre trial confinement ?!AWOL?
What is the circumstance requierninb the action or the justification for securing the property?

Response by CSM Private RallyPoint Member made May 31 at 2017 8:31 PM

2017-05-31T20:31:39-04:00

the only property a CSM or SGM can take possesion of is those items left that belong to or issued by the government. If the soldier is deceased in a combat zone, then everything is sorted out and either returned to goverment control or sent to next of kin.

Response by CW4 Angel C. made May 31 at 2017 8:46 PM

2017-05-31T20:46:35-04:00

Depends on the situation. Is a school allowed to take your cell phone for texting in class? Probably so (temporarily). Same with the SGM and this personal property. Situation dictates. Bring it up to your COC so they can help you recover it. IMHO personal property other than the barracks/quarters/POV doesn't belong in military installations or with government property.

Response by SPC Ruben Marin made Jun 3 at 2017 3:17 PM

2017-06-03T15:17:43-04:00

Since the SM is ultimately accountable for the facility in which said items were confiscated, then yes he can. But here is how SJA will see it. Because the item was a personal one with significant value, he will be asked to return them pronto or face the charge or larceny. The reason why he could be charged is bc a chair in a barracks room is not contraband nor is it a safety hazard, so SM had no reason to consficate, especially if the soldier was not present. If the SM does not wish for the soldier to have such said item in the room, he must advise the soldier to properly dispose of the item (return it, mail it home, or sell it) either in person or by memo. The soldier is signed for the room and responsible for it and its contents. Even if it was a surprise inspection, nothing except contraband can be confiscated. And even then what is confiscated must be secured and later returned for disposal.

Response by SGM Gerald Fife made Dec 26 at 2017 2:23 AM

2017-12-26T02:23:04-05:00

Yes. No. The rest is speculation without more information. Do we presume the soldier is also in the National Guard? What prompted the SGM to take the property? What kind of property was it? I would say if a marijuana cigarette is considered personal property but you also are not allowed to have it. I would take it away. Or say you were out partying and had too much to drink. The SGM could take possession of your vehicle and you would get it back later. This is why it is so important when asking a question, that it be extended to include all information so that we don't have to speculate.

Response by Cpl Benjamin Long made Mar 19 at 2019 2:31 PM

2019-03-19T14:31:07-04:00

No, personal property may only be seized upon the execution of a warrant und ther rules for court martial, and may be subject to an art 138 complaint and or acquittal for violation of the rules for evidence, if seized outside the color of law, and the Sergeant major could be charged with theft if acting outside the color of law

Response by Cpl Benjamin Long made Mar 19 at 2019 2:40 PM

2019-03-19T14:40:45-04:00

also, if it is at a civilian house out in town... just call the police while he is there and report a burglary

Response by SFC William Ewing made Jul 10 at 2019 4:23 PM

2019-07-10T16:23:12-04:00

Must inventory keep copy.
Give copy to soldier and supply sergeant.

Shoot Sergeant should be present at time.

Chain of custody maintained.

Property taken only if not authorized in area by posted orders.

Not personal whim of SGM.

There has to be a valid reason.

Plus witness.

Otherwise just stealing from the soldier.

Even if returned the use and time for the soldier happens

Response by SFC William Ewing made Jul 10 at 2019 4:29 PM

2019-07-10T16:29:47-04:00

Of unauthorized in the area by written order.

Items can be taken
Supply Sergeant should be presen.
A inventory taken
Copy kept by CSM, suppy sergeant, soldier.

Items returned when abke.

Item taken without orders is theif.

Theft of item and use.

It can destroy unit moral.

Response by SFC Frank Giger made Jul 11 at 2019 1:19 PM

2019-07-11T13:19:23-04:00

Depends on what it is and the circumstances. Let's say the CSM needs water to treat a heat casualty, and the Private has a Camelback full of water. Yep, he can take it, and return it empty.

Response by CPT William Jones made Jul 11 at 2019 3:40 PM

2019-07-11T15:40:52-04:00

If it is property you are signed for I would say he has to give you s hand receipt. I would also think he would have to be given authorization from his boss. The commander. In spite of what many think the is the senior enlisted ADVISOR to the CO and only authority he has is what the CO wishes him to have so be carefull there one being but even the CO must follow the proper protacal. And that would be give you a receipt for what is taken

Response by TSgt Charles Turnipseed made Jul 11 at 2019 6:28 PM

2019-07-11T18:28:30-04:00

It appears the SM took your writing skills, which is regrettable.

Response by SFC Private RallyPoint Member made Jul 11 at 2019 8:38 PM

2019-07-11T20:38:28-04:00

Normally an inventory is done by at least two ncos , and after it is boxed up to be dealt with later

Response by SFC Private RallyPoint Member made Jul 11 at 2019 9:29 PM

2019-07-11T21:29:32-04:00

2062 that shit

Response by SP5 Hank Vandenburgh PhD made Jul 12 at 2019 9:05 AM

2019-07-12T09:05:12-04:00

I got out of the Army in 1968 due to poor leadership, both NCOs and officers.

Response by MAJ Jim Cook made Jul 12 at 2019 9:38 AM

2019-07-12T09:38:17-04:00

Unless it was explicitly listed as thou shall not bring, if it fits in the bag it belong to the soldier hands off. Not basic training, I have come across individuals that permit rank to infest their brain cells E-9s are not exempt from this deficiency.

Response by SPC Kendall Metcalf made Jul 12 at 2019 10:54 AM

2019-07-12T10:54:43-04:00

If your in the field doing A.T. And playing on a cell phone instead of doing assigned task , yes a CSM will grab that phone up quickly. That’s if the Top doesn’t get it first. I do know that if certain personal properties that are left unsecured a senior NCO might secure items for a short time. Just remember you’re doing trading not a camp out. If there is that much free time your unit leader ship has failed you.

Response by LCpl Jason Keiser made Jul 12 at 2019 12:46 PM

2019-07-12T12:46:40-04:00

no, they can oy take government issued items. any other item is theft, that being said punishment is punishment and has to be returned within 25l4 hours, its better than a page 11 or NJP. quite whinkng.

Response by 1SG Private RallyPoint Member made Jul 12 at 2019 1:56 PM

2019-07-12T13:56:56-04:00

Explain what property was "taken" and the complete circumstances the property was taken.

Response by SFC Kenneth Goins made Jul 12 at 2019 5:30 PM

2019-07-12T17:30:47-04:00

You’re a SSG and you’re asking this question in a public forum? That’s all I’m going to say about this post.

Response by SGT Jim McGee made Jul 13 at 2019 12:10 AM

2019-07-13T00:10:58-04:00

Only within the much. But

If it is unauthorized yes, then turn it over to the appropriate authorities.

Response by 1SG Ron Schlatter made Jul 13 at 2019 12:41 AM

2019-07-13T00:41:07-04:00

It depends on the property and the status of the soldier. This sounds more like a duty for the 1SG and Supply SGT. As long as it is in Ocordance with the UCMJ.

Response by SSG Private RallyPoint Member made Jul 13 at 2019 8:20 AM

2019-07-13T08:20:50-04:00

A joint inventory better have been done or the FLIPL for any losses will be on him. This is for government property personal property that would be theft but there may be extenuating circumstances that can make that ok also

Response by SGT Private RallyPoint Member made Jul 13 at 2019 1:55 PM

2019-07-13T13:55:36-04:00

Why do these terrible questions with no info or answers always pop up in my Facebook feed as a legitimate question. Rally point needs to do better with this click baity business they're running.

Response by SFC William Ewing made Jul 13 at 2019 2:00 PM

2019-07-13T14:00:56-04:00

Back in 2nd Division Korea about 1986
One of the SGM confiscated some personal property from a soldier.

The SGM was forced to return it and counseled on poor performance in front of the troops.

I was briefed on this in a mass NCO call.

They mentioned the courts martial of the first SMA and setting standards of conduct as NCOs.
Taking personal property should follow guide lines and a whim

Response by SPC Charlie Msrtin made Jul 13 at 2019 6:56 PM

2019-07-13T18:56:46-04:00

The only way a Seargent Major or CSM can obtain personnaly property outside of a warrant is if it is found during an inspection or shakedown and is deemed to be contraband or not a part of the individuals TA-50. It happened in my unit. A Msgt brought his own side arm and had it seized. He received an Article 15

Response by SFC Private RallyPoint Member made Jul 14 at 2019 1:19 PM

2019-07-14T13:19:21-04:00

Yes if it is government property, But I have seen them take away cell phone from troops during briefing, he gave them back,after,the briefing was over,

Response by SFC Charles Diers made Jul 14 at 2019 9:34 PM

2019-07-14T21:34:57-04:00

Depends on the circumstances what the item is and all things considered including common sense. If the Soldiers personal property involves a valid safety concern or impacts training he or she might take necessary and temporary possession. Just curious, was it a cell phone?

Response by PO2 Skip Kirkwood made Jul 14 at 2019 11:28 PM

2019-07-14T23:28:26-04:00

Wow the guardhouse lawyers are having a field day.

From a real lawyer—insufficient information to even begin to form an answer.

Response by Sgt Dale Briggs made Apr 4 at 2022 1:49 PM

2022-04-04T13:49:27-04:00

Only military issued equipment, personal property is just that unless there’s charges being levied but that would be the responsibility of the JAG and police to seize property as evidence. Other than that what’s issued is property of the government, what’s your is yours, and I’d guess even a Sgt Maj can get himself into trouble and charged.