Posted on Aug 28, 2021
What UCMJ articles give the commander the right and authority to take an individual's POV and not have to pay car note or insurance?
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well - under certain circumstances, say a DUI on post in which you lost your driving privileges, and you were caught driving your vehicle, and you live in the barracks, He can impound your vehicle for the duration of the suspension, or until you complete your chapter. The vehicle is still yours, and the responsibility for payments, insurance and what not, are still yours. He can also order you to surrender your keys to the vehicle, add them to the key control roster, and a host of other things. A Commander would not impose such a thing unless they had a very good reason to do so. Rub some salve on your hurt feelings troop, I would bet dollars to donuts you earned this punishment.
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SFC William Linnell
SFC Don Ward - NO No No. You all got it all wrong. 3 points of contact refers to being on vehicles. Feet, hands, crawl. The 3rd point of contact is your arse. That's where the phrase came from. Pull your head out of your 3rd point of contact.
But, I can only speak about this being on the Armor side of the house. :)
But, I can only speak about this being on the Armor side of the house. :)
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SFC Thomas Peacock
SFC William Linnell - Well, the first I ever heard the phrase was in jump school where points of contact mean the most. They are the points of contact in a PLF, Parachute Landing Fall, and have been taught for years. I'm guessing my uncle learned them back in the 40's before deploying with Easy Company, 2/406th PIR, 101st of Band of Brothers fame. I learned the same in civilian Jump School also.
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SPC Brian Stephens
My roommate had a similar instance when he passed out at a club and some of his very inebriated buddies tried to drive his car through the gate. Judgment fell on him, not his buddies, since he was the owner of the car and passed out in the back. The new colonel read through his six years of service, and threw the book at him. Busted him from E-4P to E-1, took his pay, his car, made him serve extra detail before helping to muster him out of the Army on a hardship discharge.
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Ok, lets dispel some BS that has obviously crept into this. Some barracks lawyer crap maybe.
First? A commander cannot "take" a persons POV. No commander, no officer of any rank, any command, anywhere in the US armed forces can do that. Period. Now. What they can do is make it so that the person cannot drive on post by making a recommendation that the post commander revoke the members driving privileges but that has to come with a solid reason behind it. Driving is a privilege, not a right. A car is something the SM chose to take on, along with the subsequent expenses. The commander can make orders which basically state that the SM cannot drive their POV on post. The commander can impound a vehicle, but he cannot just take it.
First? A commander cannot "take" a persons POV. No commander, no officer of any rank, any command, anywhere in the US armed forces can do that. Period. Now. What they can do is make it so that the person cannot drive on post by making a recommendation that the post commander revoke the members driving privileges but that has to come with a solid reason behind it. Driving is a privilege, not a right. A car is something the SM chose to take on, along with the subsequent expenses. The commander can make orders which basically state that the SM cannot drive their POV on post. The commander can impound a vehicle, but he cannot just take it.
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SFC William Linnell
This is the same example of Command orders. We use to be able to help a Soldier who couldn't manage their money, Single Soldiers in the Barracks. The 1SG would look the SM checkbook (before debit cards) in his safe. The SM would bring him his bills. With the SM PSG, they would school the Soldier on writing checks, manage money, balance check book. Plus outside debt collectors could call the 1SG/CO to try to collect money owed. This was in the 80s to mid 90s.
Now with the SM vehicle on post. As stated above is a privilege. And one can lose that privilege to drive on post. So many things can hem a SM up. Not registering, inspection, Insurance. The is a cause and effect of events to happen. They can't just wake up one morning and Oh who can I fk with today. BOOM this SM catches it.
Things that made sense to be a teachable lesson and help the SM has turned into YOU CAN'T, Soldiers feelings and sensitivities. Too many civilian run programs dictating what you can and can't do. Use to be able to have a Company day at the lake, all the fixings, soda, water, beer, food. If under 21, you knew you could have a 2 beer limit. No one said jack. Now if you do that, people lose their jobs, your promoting alcoholism blah blah. it was team building, moral building, taking care of Soldiers.
Now with the SM vehicle on post. As stated above is a privilege. And one can lose that privilege to drive on post. So many things can hem a SM up. Not registering, inspection, Insurance. The is a cause and effect of events to happen. They can't just wake up one morning and Oh who can I fk with today. BOOM this SM catches it.
Things that made sense to be a teachable lesson and help the SM has turned into YOU CAN'T, Soldiers feelings and sensitivities. Too many civilian run programs dictating what you can and can't do. Use to be able to have a Company day at the lake, all the fixings, soda, water, beer, food. If under 21, you knew you could have a 2 beer limit. No one said jack. Now if you do that, people lose their jobs, your promoting alcoholism blah blah. it was team building, moral building, taking care of Soldiers.
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PV2 Arthur Fontaine
Any impound whether civilian and or military would run it's due course for any infractions, i.e. (Violations), of one kind or another of a given UCMJ or general law. And until fines are paid, and or a restitutaion and or after a court order is restituted, to the tune of what the laws governing that particular infraction says, and until all is cleared and made right with the infracted (violation of law, the vehicle can remain impounded, i.e., is to remain in the yard. Also, remember that permission was given you i.e., were given you to have a POV on base and not you just driving up and saying, I'll just keep my vehicle here on base! If a vehicle is your POV and that's why it's called a POV in the first place, than to whom is the responsibility of that vehicle? Yours, period. Why would one think it automatically becomes the responsibility of our government and or it's base commander on Federal property, just because it resides on it's base in that manner anyways? All resposibilities, loans or leigns, liabilities of taxes and otherwise are still the true owners responsiblities, regardless whether or not or while in the impound yard. There are regulations just for the disruption of daily base duties alone that can be a consideration to the disipline handed down as well. Also other charges to law infraction violations and or to the UCMJ possibly could have or had been or indeed could have even gotten worse than just an impounded vehicle. One one might to think to themselves they might even had gotten lucky if other considerations hadn't occured, so remember this also! And if it had gotten that much worse than... other violations and or even actions, had to have had been taken into account that determind furthur actions even if at later dates! Remeber now even a simple infraction to the disruption of a base can indeed be construde as a breach to base security. For Example: (Guard Duty): Halt, who goes there? Friend or foe? What's the password? O.K., I'll let you in even though you do not have the correct password?
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This question is pretty vague. Did some commander just steal someone's car? Why would they have to pay for the car note or insurance if they had legally had it impounded, confiscated, etc?
My suggestion is for any kind of legal clarity to go talk to JAG - they'll be more likely to give you an accurate, legal answer than an Internet forum.
The only reason I could think that a commander would confiscate someone's car is that the soldier was doing something illegal with or in it.
Also there are military regulations that allow commanders to do things.
My suggestion is for any kind of legal clarity to go talk to JAG - they'll be more likely to give you an accurate, legal answer than an Internet forum.
The only reason I could think that a commander would confiscate someone's car is that the soldier was doing something illegal with or in it.
Also there are military regulations that allow commanders to do things.
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Cpl Benjamin Long
Sgt Dennis Doty And seizure is analogous to loss... Despite your fantasy about aliens stealing my seagull... I just wonder what term you are you have replaced with seagull... Your use of metonymy is unclear...
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Sgt Dennis Doty
Cpl Benjamin Long - In the segment of your comment I quoted, you used "tern seizure". A tern is a sea bird whose nearest kin is the seagull. My comment was tongue in cheek.
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Cpl Benjamin Long
Sgt Dennis Doty So you are arguing semantics from a typo.. That seems trite and petty... Are you going to say something relevant or reduce your arrogance to sarcasm?
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