Can my chain of command take my civilan goods out of my barracks room as a form of punishment/ or corrective training? | AskTOP.net - Leader Development for Army Professionals

Can my chain of command take my civilan goods out of my barracks room as a form of punishment/ or corrective training?

Can my chain of command take my civilan goods out of my barracks room as a form of punishment?

Absolutely NOT!!  This is a form of illegal search and seizure and a violation of the Soldier’s constitutional rights.  Unless the items were lawfully seized as part of an investigation, the command cannot take a Soldier’s personal belongings as a form of punishment.  They can order the Soldier not to use personal items, but they are prohibited from confiscating personal items as punishment.

For example:  Soldier repeatedly late for formation due to staying up late playing video games.  The command can order the Soldier not to use the video system from 2200 to 0800.  A violation of the this order can be punished under UCMJ for failure to obey an order.  However, the command cannot take the video system. (This order should be in writing in the form of a counseling statement.)

posted on 12/19/2014 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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