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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19777
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I was instructed to use a duty van to move barracks by my

Customer Question

I was instructed to use a duty van to move barracks by my chain of command and , I had bought a tv from the nex the day prior and I stupidly picked the tv up from the nex in the duty van and my HMCS said that I could go to captains mast is that true
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Technically yes, using Government property for personal use is a violation of a general order, so you could conceivably be charged with an orders violation. It is against both statute and regulation to use any Government property for private use unless there is a waiver from the Head of the Government agency. That said, I understand that it happens sometimes and some people get in trouble and others don't. Unfortunately though, that doesn't make it legal and selective enforcement happens.

I do think that, unless you have a record of misconduct, that this issue normally should not go further than a Chiefs' Board or XOI, but that is up to the Command. Please feel free to ask for clarification.

Customer: replied 1 year ago.
I have never been in trouble in the military yet and I have a good record of doing well I just hope it does not go to mast
Expert:  Marsha411JD replied 1 year ago.

Hello again--Hopefully, the Command will choose to handle this at a lower level as I touched on. It is technically a violation of the UCMJ, but since you are not a "problem" for your Command, it really should just be a counseling versus punishment. But, not up to me. Best of luck to you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.