While I can understand the CSM’s desire to motivate Soldiers to acquire the ASU. He cannot legally require Soldiers to attend a board in an alternate uniform when the Class A’s are still authorized.
I would venture to say that if a Soldier filed a complaint with the local JAG or IG the chain of command would be some what embarrassed especially if the LOI for the board states something like the Soldiers must appear in the ASU and the Class A is not authorized. It may be wise to obtain a legal opinion from JAG and/or make an inquiry with your local IG. You can make both inquiries without providing a unit or names. If I am correct then the information obtained can be shared with the chain of command and they can determine if they desire to change their policy or if they are willing to receive complaints.
Another thing the chain of command should be aware of is: if they change their policy and Soldiers appearing before the board in Class A’s and the Soldier fails the board the command needs to make sure they can justify the failure because the Soldier may have reason to believe or suspect they were failed they wore the Class A uniform rather than a lack of knowledge.
Now your CSM is probably catching some heat at some level with regard to Soldier’s wearing Class A’s and is just trying to motivate Soldiers to get ASU’s. I can totally understand where he is coming from. Does not make it right….I just understand he wants to motivate Soldiers to obtain the new uniform….probably not the best way to go about it.
In my experience when I faced issued like this I typically called my leaders together and would ask for the their assistance. For example: Ladies and Gentlemen, the Army is transitioning to ASU’s. The official wear out date is:______. As professionals we need to have the appropriate uniform. I understand some individuals may have financial difficulties but effective ______ date it is mandatory. I am asking you to obtain your uniform as soon as possible. We will have a uniform inspection on ____ date (after the implementation date). Soldiers that do not have the ASU at this time will be required to purchase one immediately. If necessary we can make the procurement through supply channels and have the money taken directly out of the Soldier’s check.
I am not sure how the Guard or Reserves work but in the active Army we can take the Soldier to the supply room. Fill out the necessary paperwork. Escort the Soldier to Clothing and Sales and require them to purchase the item and take it directly out of their check. Now this would only be after the implementation date.
The Command also has the option to play hard ball and explain that any Soldier not having the ASU by the required date or at the time of the inspection (after the required implementation date) will be subject to UCMJ. This means the Soldier gets to buy the uniform and possibly face UCMJ action. Not the best course of action but one that could be used.
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