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
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.
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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.
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Wow the guardhouse lawyers are having a field day.
From a real lawyer—insufficient information to even begin to form an answer.
From a real lawyer—insufficient information to even begin to form an answer.
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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?
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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,
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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
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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
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
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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
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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.
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