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

SFC Robert Bundrick ,tried to edit but didn't allow for it. I meant please don't spread misinformation.

SFC Robert Bundrick ,pardon the spelling with the there and their. I allowed spell check to word this and it made a few typos.

SFC Robert Bundrick - not sure who your comments were directed toward, so it makes it hard to give a complete reply.

You may want to clarify that statement or find yourself under investigation if you take a Soldier's private property without consent depending on the situation. During a health and welfare check a Soldier must be allowed to be present upon inspection of their property and if the other scenario is a Soldier went AWOL or died then I believe his first line supervisor and supply individual will conduct a proper accountability of the Soldier's property and return military items back to supply and box their private belongings and ship to next of kin address on file.

Not deployed, currently at annual training. Said SM went through company areas and removed personal chairs while Soldiers were off training.

SSG (Join to see) - Gotcha. I would say if the Sergeant Major needed to clear the area for some reason, he would be well within his rights so long as he properly maintained and secured the property pending owner return. I'm assuming here the soldiers are only gone for a few hours and would be back later in the day. Assuming a longer time frame is being considered, then I would definitely think the Sergeant Major would be allowed to remove any unclaimed/abandoned non-military items. For example, the soldiers were told to take/clear out any personal items prior to departing on a six month or longer deployment. Said soldier failed to remove various items. To my belief, the SGM would be within his rights to clear what appears to be abandoned property from the unit areas.

The Sergeant Major or First Sergeant would oerfor this with the help of at least one other perison, plus a full and complete record/inventory is made. As for entering a service members private home on an installation or otherwise would consult with the JAG and Provost Marshal

SSG (Join to see)
Did this take place in the field or in Garrison?

Also the Sgt Major can only seize property if directly commanded by the CO.... Only the CO has the power to seize property... but must return it otherwise he would be subject to an art 138 complaint

Not only that but if they found anything that would or could be considered as contraband then he or she could deny it belonged to them because they were not present during the search.

I would like to know how a person could take a vehicle from a person. Short of he or she being an MP working in the capacity of his or her field I don't see under any circumstance where a vehicle can be taken from a Soldier by force without the MP's being involved.

SFC Robert Bundrick they can ban him or her from driving on post but not take the vehicle per say unless it was impounded.

Mentioned in a previous comment, sorry. SGM went through company AO during AT while company was off training. He confiscated a personal chair, non army issue.

SSG (Join to see) - There's still a few details to iron out. As stated, there is a military nexus. The SGM/CSM has the right to remove unauthorized personal items from military property, provided they are held until the owner can take possession. This presumes that said Soldier has not been warned previously that he/she must remove said property. If so, and the removal did not happen, a case could be made for abandonment. Like I said, there's a myriad of possibilities depending on ALL of the facts.

1SG (Join to see) - I had a feeling that this would be the case but no warning was issued prior to removal of the chair.

if the soldier and the SGM have a personal agreement for the SGM to hold on it his or her stuff, I would say that is between them.

If they live off post and are married or share a residence with somebody who is not military they cannot enter without consent from both parties. I went through this once when I was active duty married to another Soldier and I got out and she stayed in. I didn't get along with her squad leader and he made it a point to try that health and welfare check crap. Funny thing is that he never used it before and I told him he couldn't come in but he was allowed to look into the apartment from the door. He got pissed and said he had a right to enter and I explained he would be shot because I didn't give him permission. He proceeded to tell me hecwoyld have my wife restricted to the barracks if I didn't let him in. I stated no and to basically hop his as on home. He tried to get the CSM to force my wife to move into the barracks and I file a Congressional on him and within two months he was reassigned to a different company. I was able to prove that this was a personal vendetta and not a true health and welfare check not to mention It was the first on record he had conducted.