Is an updated assumption of command required after Commander is promoted to a new rank but still the company commander or is it still valid?

MSG Private RallyPoint Member — Tue, 21 Feb 2017 12:16:03 -0500

Response by LTC Private RallyPoint Member made Feb 21 at 2017 12:26 PM

LTC Private RallyPoint Member — Tue, 21 Feb 2017 12:26:07 -0500

The commander stays in command until a new commander is appointed. It depends on the division, brigade and/or battalion commander's policy. In 2003 we had an O-6 battalion commander because the brigade commander (now GEN Milley) had a policy of no battalion change of commands while being deployed. We also had a Major as a company commander because his company was a cross fill from another MACOM. All that said there is a responsibility when possible the higher command needs replace a company commander upon being promotion to Major. This sometime takes time I stayed in command 4 months till a new commander was available.

Response by SGM Erik Marquez made Feb 21 at 2017 12:31 PM

SGM Erik Marquez — Tue, 21 Feb 2017 12:31:04 -0500

"Is an updated assumption of command required after Commander is promoted to a new rank but still the company commander or is it still valid?"
It is as valid as the service or resource requiring it says.
I can see a defense lawyer in a Drug trial CM case making hay of it. (some guy named Maj Marquez authorized a search of my clients property, as defense exhibit 1 clearly shows, the only person with authority in Bronco 2,2,2 company to authorize a search was CAPTAIN Marquez, thus the search was invalid)
I can also see a trial Judge stifling his anger, and telling the defense attorney to (sit down, thanks for a nice try, is your client ready for his convicti..........err, Trial or not?)

So while id guess, and it is a guess, no legal experience to say its true.. Id guess the assumption of command is still valid, Id likely ask the commander to sign a new one and distribute it as required to those agencies that require it.
Property book, MP, Drug lab, NET facilitators, ect.

Response by LTC Private RallyPoint Member made Feb 22 at 2017 1:13 PM

LTC Private RallyPoint Member — Wed, 22 Feb 2017 13:13:34 -0500

I can't speak to today's regs, but in my time the answer was no. The orders read "the undersigned assumes command..." That means the person who signed the order, i.e. The incoming commander. The rest, like CPT, IN Commanding is simply the signature block. Plus, you can't assume command of the same unit twice unless you relinquished command. Think of the admn nightmare it would create if assumption of command orders changed.

I remember seeing memos from S1 coming out saying something like "the signature block of the commanding officer is changed from Joe Blow, LTC(P), IN, Commanding to Joe Blow, COL, IN, Commanding, effective 1 May 1982. But never did I see a new Assumption of Command Order. Afterall, the date the officer assumed command did not change. Simply an administrative detail did.

Response by LTC Jason Mackay made Feb 22 at 2017 2:14 PM

LTC Jason Mackay — Wed, 22 Feb 2017 14:14:25 -0500

No. Unless he just wants the assumption of command orders changed. The delegation of authority form with signatures only changed when delegation changes

Response by MAJ Private RallyPoint Member made Feb 22 at 2017 3:09 PM

MAJ Private RallyPoint Member — Wed, 22 Feb 2017 15:09:20 -0500

It's not nessesary, the person and signature is the same.