Confiscation of civilian clothes from soldier?

2015-11-14T01:15:14-05:00

Can the chain of command confiscate a soldiers civilian clothing?

Response by PO1 John Miller made Nov 14 at 2015 1:26 AM

2015-11-14T01:26:37-05:00

I've seen it happen in the Navy, but only as the result of an Article 15 or Court Martial.

A JAG or legal clerk would obviously know the full rule.

LTC John Shaw, I know you're not JAG but you are a lawyer. Are you qualified to give this type of legal advice?

Response by Capt Seid Waddell made Nov 14 at 2015 1:26 AM

2015-11-14T01:26:47-05:00

Got a link to that?

Response by PVT Robert Gresham made Nov 14 at 2015 2:10 AM

2015-11-14T02:10:04-05:00

SSG Private RallyPoint Member Search Rally Point answers for, "Can the Chain of Command confiscate a Soldier's POV keys?" Answered by SGT Jennifer Riser, Paralegal Specialist, dtd. 01 Apr 2014. That's the best information that I found at a quick glance. The answer provided by SGT Riser also covers your question.

Response by SGM Erik Marquez made Nov 14 at 2015 9:05 AM

2015-11-14T09:05:07-05:00

Unless part of a post or training policy, I think you'll find the answer is no.
I also think you'll find it is done anyway.
And no restrictions are allowed prior to conviction unless pretrial confinement has been approved. Any restrictions imposed pretrial will likely come back to haunt the commander and the adjudication process.
Its often said you can not take a SM car keys for no insurance, failed safety inspection, no DL.. Thats correct/ Nor can you tell them they can't drive the car....(unless part of a legal restriction adjudication process) But you can still effect the same restriction, with words and later actions.

"Soldier, you have no valid insurance, if that car is operated, you will be in violation of state law and post/ Army policy. Violating those laws and policies will likely result in UCMJ action"
Car moves and no valid insurance, start the UCMJ process.
Car does not move until insurance is obtained, you effected the desired outcome

Response by MSgt Curtis Ellis made Nov 14 at 2015 11:49 AM

2015-11-14T11:49:12-05:00

I've see it happen down range, as in Civilian Clothing not authorized... I cant recall anywhere else...

Response by SSG Roger Ayscue made Sep 7 at 2021 11:58 PM

2021-09-07T23:58:28-04:00

I ran into this once.
As an NCO I was not allowed to take civilian clothes, HOWEVER, I was able to assign a prescribed uniform.
I was not allowed to give extra duty, but I was allowed to give corrective training, under supervision and related to the offense.
I was not allowed to restrict anyone to the barracks, but I was allowed to prescribe a duty location.

I am also NOT a lawyer, BUT I have seen every episode of JAG, NCIS and all the Law and Orders, AND I did stay at a Holiday Inn Express once, so take it for what it is worth.

Response by COL Eric Burns made Apr 3 at 2022 10:36 AM

2022-04-03T10:36:39-04:00

Only in a training statues or ucmj can a soldiers clothes be with held from the soldier .