Posted on May 31, 2017
Can a Sergeant Major in the National Guard take possession of a Soldier's property?
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Responses: 33
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.
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.
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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
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
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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.
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