Missing Personal Property - What should I do?

[obscure]

Alright, I have an issue that I would like to get some help on. Please no sea lawyers as you only make up bum scoop which is entirely false. I need advise from somebody that knows the rules and regulations. Someone that knows whats right from wrong and is not scared to state it regardless that my 1st Sgt might get into trouble.

I am with this unit (I will not state) and an issue happened. I have been with the Marine Corps for 3 years and 6 months before the problem happened. I never did anything to cause trouble. I never back talked to any of my superiors and I was never a trouble maker. I have a Good Conduct Medal. Since I got hurt and I am currently pending a Physical Evaluation Board I have not been able to do anything. All we do is go to three formations a day and get off work. During the time between formations I take college online and as well when I am off work. I sit in my room all day, every day, mind my business, talk to my wife on the phone, on the computer, I do my college work, watch movies, etc. I do not go out on weekday nor weekends. I stay in the room, save money, pay my bills that I have and whenever we get 96's I go and see my wife up in my home state.

One day a knucklehead who was a friend of my room mate decided to come in and asked me if he could use a chair that I had my legs on. I have another problem which I notified the doctor with. It is unrelated to the reason as to why I am in the current unit. The problem is I can not sit at a 90 degree angle for more than 10min. Sitting in the backseat of the car, or on the airplane, is an ongoing issue for me. I need to stretch my legs and extend them in order to relieve the discomfort I feel in my kneecaps. I don't know what it is. Anyways I told him "No, you can not use it, I need it because I have a problem with my knee caps". He thought that I was joking and said "Are you serious?" and I reassured him that I was not kidding around. Anyway at one point I took my legs off for about a minute or two, he came up and swooped the chair. Foremost, he is the guest in my room, he does not live here. He should be respectful of my wishes. Well he wasn't, he was very disrespectful when I asked for the chair back. I said "Are you serious? You are going to take the chair away from me like that? You're going to be disrespectful?" He replied with "Put your legs on your nasty ass comforter". I don't know why he said that, but that was very disrespectful, especially since he's a guest in my room. My rack was nicely made so his statement was void and just plain nasty. What happen was I got up and went to grab the chair underneath him. I didn't push him off, didn't touch him. I just merely grabbed the chair and started to slowly pull it away from him, he got mad and got up and pushed me. I fell on top of my rack (luckily) he got on top of me and started to choke me. My room mate and another friend of his were in the room and they didn't do anything to get him off me. He choked me for about a minute or so while I was struggling to get his forearm off my neck. Anyways, he finally got off me or they took him off me, I can not recall because I felt like I was passing out. They took him out on the cat walk. I proceeded to open my secretary. I was shaking, I was scared. I didn't know his intentions. I thought that he was going to kill me. Anyway, I took my K-bar out (supposedly now days you are not allowed to have it in your room, I am in the infantry and I thought we were allowed to keep our K-bars - no it wasn't a Bayonet) and I proceeded to go outside and I saw the Marine that attacked me, standing there with my room mate and another one of his friends. We exchanged a few words obviously I was angry because I felt like my life was threatened. I did not swing it, I did not do anything with it except for have it at the alert (down by my waist) not up at the ready (holding up - ready to swing). When they saw the K-bar in my hand they grabbed him and held him back the attacker. I proceeded to go downstairs to the duty hut to report that I have been assaulted and I told him that I wanted to get him arrested and prosecuted. After notifying the duty I proceeded to look for the attacker with the K-bar in my hand. I walked around the barracks trying to find him while others were following me. Finally, I saw him, he approached the duty and told him that it was him who attacked me. We all proceeded to the office.

For some reason 1st Sgt thought that I was the bad guy because I escalated "the fight" by grabbing a weapon. As well as it seemed like to everybody that I was looking for him to kill him because I had the K-bar in my hand. Now, I know if thats what i wanted to do I had the chance to do it on the cat walk but that wasn't my intension. I was looking for him to point him out because I didn't know his name nor who he was. It was my first time seeing him. Through everybody else's eyes it seemed like I was trying to find him and kill him. But that was just plain judging the book by its cover. He wanted to send us both to the brig. The MPs haven't come and it has been over an hour. I began to worry that there was nobody there to investigate or arrest the attacker that assaulted me. I called the MP's and told them of my situations they took the report and couldn't do anything further. 1st Sgt probably got angry and said for the chasers to take me to the brig. The other Marine that attacked me, wasn't going to the brig.


ATTENTION: This is the QUESTION.

Now, I had to go the BAS, to get evaluated to see if I was fit to go to the brig. At the same time, 1st Sgt went to my room and clipped my locks to my secretary, wall locker, and other things, he rummaged through my belongings and everything. Once i was done with BAS, which is literally 20 feet away from my barracks. I went to my room and 1st Sgt was there with all my locks CLIPPED. He stated "health and comfort" and I replied "Roger". Since the only reason I went to my room with the chasers was because I had to change into PT gear and get some stuff to take with me to the BRIG. I asked "What's going to happen to my stuff since my locks were clipped?" He replied with "Its going to be inventoried tomorrow".

BIG PROBLEM:

I went to the brig with all my stuff unlocked and out in the open. I saw my SSGT at the brig a week after, asked him if my stuff was inventoried since 1st Sgt mentioned his name, that he was going to inventory it. He stated that he didn't know anything of it and was not aware.

I spent 3 weeks in the Brig. I find out that my stuff was not inventoried until 2 weeks after of it being clipped. My belongings were out in the open for 2 weeks. For my room mate to take whatever he pleased and for whoever else came into the room. After I got out of the Brig, I went to supply and got my stuff back, I had to move to a different room, I unpacked, and as you know it, I had a lot of stuff missing. My IPOD, which the funny thing is.. I had a spare lock and I used it to lock my secretary which consisted of my laptop and Ipod because I knew that something like that was going to happen. Funny thing is my Ipod is missing but it has been locked up until two weeks later when someone came to clip the lock to inventory the things. Now the people that came to my room to put all my belongings in the bags were a CPL, LCPL and LCPL. There was no SNCO present. They took my belongings after putting it into plastic garbage bags and brought it to Supply to only have then a SNCO present to inventory my belongings. So between the time of CPL, LCPL, and LCPL being in my room putting the stuff into bags and possibly taking a thing or two in their pockets and bringing the rest of belongings to Supply anything could have happened. As well as my room mate and his friends that came over the room for the 2 weeks that my stuff was open.

I am missing my IPOD, my PSP, my green sleeping bag, my pull up bar that you hang up on top of latches on the door, valuables that are not worth any money, like my COINS (USMC), my memory cards for the digital camera that had pictures of Iraq when I was there, and many more things. All these things missing. What am I suppose to do? Whose to blame? Who do I report it to? What do I do?

I told my PLT SGT about all the missing stuff, he said he told SSGT about it, and SSGT was suppose to talk to 1st Sgt about it. It has been over 2 weeks now. I really don't think they care about my missing stuff.

What happens now? Do I get a reimbursement? Do I report it to the Inspector General?

Has the 1st Sgt done anything wrong by clipping my locks while I was literally 20 feet away at BAS getting assessed to see if I was fit to go to the Brig by his orders. He impatiently clipped my locks and stated "health and comfort" my PLT SGT believes that what 1st SGT did was illegal. Many people here suspect that what 1st SGT does, many of the things is illegal.

Who here can give me some good advise? Good input on what I should do? I feel like I've been royally screwed by not the Marine Corps but, by my chain of command.

Oh and for those wondering what happen with my charges. Well I was suppose to do Special Court martial. But I took a Pre Trial Agreement which was knocked down from Special to NJP. I got NJPed and the CO was actually the first person in my life that I have ever seen that took care of a Marine. I've never seen a chain of command take care of anybody. They use the motto "We take care of one another". But its such bull. For the 1st time my CO took care of me and he suspended all the charges. So I didn't lose anything. It went from Special to NJP to really nothing. Maybe its because I got 4 months left in the Marine Corps and as well as he said he's not about screwing Marines.

Please provide me with some good input on 1st Sgt and if what he did was legal or illegal. As well as what should I do about my missing things? Am I screwed and should forget about it or is there something that I can do about it?

Thank You

[Gunny_2862]

Well, the only thing I know for sure is a "Health and Comfort" can only be approved by the CO. As far as the gear inventory, I also believe that was done wrong. This (your missing gear) needs to be addressed through your chain of command like you did already and if you still don't get an answer within another day or two, I'd recommend doing a request mast on this. Hopefully a Supply savvy marine can get more specific on what needed to happen but it sounds like the whole chain of custody was broken. Good luck.

[NRTrackChamp2004]

^^^^ Gunny is right, and I agree with him.

Personally though, I think you're screwed. Unfortunately, things happened that we're done correctly (your belongings being out for 2 weeks until being inventoried), and whether we want to believe it or not, Marines steal shit, especially if they knew you were in the Brig and were gonna be there for awhile.

[bravohotel43]

Gunny's right about health and comforts, and as far as I know, any health and comfort has to apply to the entire barracks.

Sidenote: you were an idiot to grab your Kabar, and don't forget that not knowing about a rule is not an excuse. You got screwed, but you also screwed up.

[glock]

First of all, you're stupid and deserved more time in the brig for that. Secondly, if you are an infantry marine as you claim to be, you need to learn to man up and control yourself. Sure, the other guy was wrong, but you're sitting in the same boat and do not deserve any sympathy. Run off half-cocked like that down range and you will find yourself in a world of hurt. Last thing, grow up! The guy pulled your punk card and you ran to the duty. I don't know what to tell you about your missing stuff. Keep on your command and eventually something will happen.

[Michaep]

1) if you were Marine Corps Infantry you'd think they'd teach you how to get someone off of you that was "choking you to death"

2) The "threat" exited the area, for you to bring out your knife and walk around like a mad man (whether you meant it to look like that or not) looking for this individual means you definitely escalated things, to the point where deadly force would be justified against YOU. Be glad you werent taken down at gunpoint by the MP's

[SailorDave]

Is anyone missing the fact that the 1SGT had him taken to the brig ? Under who's authority ? Is that legal in the USMC, because I know it isn't for Navy. Only the CO can send someone to the brig, unless he's arrested by the MPs. Then, someone from his COC has to come down and visit him.

On to the personal property, I'd go see the JAG if it isn't addressed within the next two days. Find out exactly what your rights are and what your avenues are to getting your property back. You may be entitled to file a claim against the government (via your command) for the missing property. That "Health and Comfort" was an illegal search, plain and simple. If he cut the locks without being authorized by the CO, the 1SGT was wrong (again) and is liable for any claims made against the government for lost property.

Bottom line - if your property isn't returned in satisfactory condition and the COC fails to act, GO SEE THE JAG. And let them know you're going to legal. That may light a fire.

[obscure]

Thanks a lot for your insults to me. I was not asking you what I did was right or wrong. The question was about whether what 1st Sgt did was right or wrong and how I can get a refund or what on my missing belongings. The reason I even told what happened was because to see whether what 1st Sgt did was justified or not by clipping my locks and doing a so called "health and comfort". Please keep your comments to yourself about insulting me. The reason I grabbed the K bar is because I have a shoulder injury. I had surgery done on it. I was unable to defend myself 100%. I am right handed, therefore my dominant arm is my right and that is where I had surgery done on. So since you don't know the full story and facts because that was unimportant for me to state it here since my question pertains to the 1st Sgt's actions not mine. Thanks a lot.

[obscure]

Originally Posted by SailorDave

Is anyone missing the fact that the 1SGT had him taken to the brig ? Under who's authority ? Is that legal in the USMC, because I know it isn't for Navy. Only the CO can send someone to the brig, unless he's arrested by the MPs. Then, someone from his COC has to come down and visit him.

On to the personal property, I'd go see the JAG if it isn't addressed within the next two days. Find out exactly what your rights are and what your avenues are to getting your property back. You may be entitled to file a claim against the government (via your command) for the missing property. That "Health and Comfort" was an illegal search, plain and simple. If he cut the locks without being authorized by the CO, the 1SGT was wrong (again) and is liable for any claims made against the government for lost property.

Bottom line - if your property isn't returned in satisfactory condition and the COC fails to act, GO SEE THE JAG. And let them know you're going to legal. That may light a fire.

Thanks a lot SailorDave, at least someone was paying attention to my questions. Others would rather insult people than help them.

[NRTrackChamp2004]

You're welcome

Well, when you tell a long ass story, people are gonna throw their 2 cents in, whether you like it or not. Especially on a forum. If all you wanted was an answer to what your 1stSgt did, then thats all you shoulda asked. Versus telling us the whole story.

Honestly, what I think, because obviously, there are 2 sides to every story, and I'm sure you tweeked yours to sound like you're all innocent (besides walking around with your KABAR, like a dumbass). But, I honestly think what your 1stSgt did was right, to cut off your locks to make sure you didnt have any other weapons. He didnt know how long you were going to be gone. As far as your shit being out for 2 weeks, that was wrong. Either way, I seriously doubt you'll get reimbursed for you missing items and I seriously doubt even more if you'll ever see those items again. Ultimately, you're screwed. Sorry buddy.