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PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience:  33 years military law experience.
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Can I be punished for losing my military ID

Resolved Question:

Can I be punished for losing my military ID?
Submitted: 4 years ago.
Category: Military Law
Expert:  PhilCave replied 4 years ago.
If the commander believes that you lost the ID card through negligence or dereliction -- yes. For example leaving your ID card unattended in your room, office, or desk. Or leaving your wallet lying around.
Every command is different about this issue. There has always been a great concern about lost ID's allowing people access to bases and facilities. With heightened security measures people are really cracking down on lost ID's. Some commands will give you one freebie -- lose one, OK, lose two, you go to Article 15., that kind of thing.
Sincerely.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and 2 other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

According to the terms of use agreement, you and I do not have attourney client privelage. Are you under any obligation to report this conversation to NCIS? Assume that in the situation we are discussing, the events we discussed would have taken place in the CONUS.

Customer: replied 4 years ago.
I'm not sure if my last question got to you, as I pressed accept after sending it.
Expert:  PhilCave replied 4 years ago.
No, I do not pass this type of information on to NCIS or the command!
But, this reminds me to tell you that you should avoid discussing this with anyone, and if questioned you should exercise your Article 31, UCMJ, right to silence.
Sincerely.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and 2 other Military Law Specialists are ready to help you
Customer: replied 4 years ago.
What should one do in such a situation, Phil? Assume that the person invovled's terminal leave would start on the 5th, but he or she has more check outs to do with the command, and still needs to get his or her move approved by PSD, take TAPS, and get his or her DD 214. He or she could maybe do all of this stuff without a military ID, if they got a ride on to the base. Would he or she be better off just reporting the missing ID?
Expert:  PhilCave replied 4 years ago.
It might be best to go to PSD and tell them you've lost your ID.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and 2 other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

In the aforementioned hypothetical situation, the individual involved would have lost their ID, probably somewhere on the street, after (and I know this might sound crazy) calling an ambulance for a homeless man who asked for help because his legs were very badly infected. The person involved ended up running around looking for this guy's guitar which he claimed to have hid behind some bushes, and it probably fell out of the individual's pocket at that point. The paramedics said the homeless guy was in and out of the hospital all of the time, and never stayed long enough to receive treatment, so it was a waste of time. Do you think that the commander in question would see this as being negligent? Nevermind, I just got your last answer. You're probably right. I think that in that situation, an individual might be willing to take substantial risks to avoid losing their terminal leave which they need to start the spring term of college... but you don't think that individual would be taking a substantial risk by reporting the lost card to PSD? Particularly if it was that person's first offense. And if you were wrong and the individual was sent to NJP, would you recommend requesting court martial?

Customer: replied 4 years ago.

I appreciate the answers you've given, but I must go to sleep now. I will ask someone at my command who I can trust about it. Please do not post my question online.

Expert:  PhilCave replied 4 years ago.
No, this doesn't seem negligent.

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PhilCave
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