Posted on Aug 22, 2019
What AR covers the confiscation of a expired Military ID CARD? Who has the authority to confiscated ID CARD?
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I am a retired Military Policeman. When I was on Active Duty Status the regulation stated that when a Military ID CARD was expired, that said ID CARD could be confiscated by; a 1SG, Company Commander, or by the Military Police. Those were the only ones who had the authority to confiscated an Expired Military ID CARD. But, it was a courtesy to inform the individual that the ID CARD was expired and direct them the ID CARD SECTION to get it renewed. This was AD and Retired. But, today I took my wife to the Military Hospital for an appointment. We did not realize that her Military ID CARD had expired back in April. She has been seen just about every month for the two and sometimes three weeks for appointments and also receive her prescription at eh Military Pharmacy. Today while she was checking in the civilian (GS) clerk took her ID card from her and kept it. I immediately wen to the widow and asked the clerk what was the problem with her Military ID CARD (this was after my wife informed me what happened) ? She told me that her ID CARD was expired. I stated okay we will go get her a new one at DEERS Office. I need it back. She informed me that I could not, she was keeping it. I informed her that she did not have the authority that I needed it back. I asked her to show it to me so I could verify that it was expired. After verifying that it was I put it in my pocket, She stated she needed it back and I told her "NO!" again and that I shall take it to DEERS and turn it in. I left my wife at the clinic and called DEERS and they told me to come over right away and they would renew it immediately. As I was downstairs My wife sent me a text and said that the NCOIC was looking for me and calling Hospital Security. Mean while I ran into the Hospital CSM. I informed him about the situation and he informed me that no employee of the Hospital should be confiscating anyone's Military ID CARD because he was not aware of any hospital policy or Reg that would advise the employees to do so. He asked if I would like for him to accompany me to the clinic and see what he problem was and to straighten it out. I said yes CSM I would appreciate it. As we approached the clinic I saw that the Hospital Security had my wife at bay. I informed the CSM they can not arrest my wife or detain her. Which they had done. The Hospital Security told me that he needed for me to surrender the ID CARD to him. I asked him not trying to start an argument but to show me in Black and White the Regulation or Policy that stated a civilian employee could confiscated my wife's ID CARD. He kept insisting that I give him the ID CARD. As I was talking to him he called for backup. I looked at the CSM and asked he was aware of a policy that the Hospital Commander had signed? He stated he was not aware of such a policy. I informed that since he was a Military Law Enforcement Officer I would I would only then surrender the ID CARD to him because the Regulation states so. He then told me that if I had a problem that I could go complain to the Hospital Advocate. I looked at the CSM and she stated that he would take care of the issue and get it resolved. That if there was a policy it will be under review and if not he would do a corrective action. So, my question is; "Does anyone know the AR that covers the confiscation of EXPIRED MILITARY ID CARDS?" Since the military has gone to digital system there is no hard copy of the AR's to review. "O" and id did call the PMO to get them to give me the AR and they young Sgt at the PMO told me that any Civil Service (Government Employee) can confiscated an EXPIRED MILTARY ID CARD. My conversation with her turned out talking to someone would did not know the AR or Policies covering the issue at hand. She asked me what my status was and I told her I was retired. She stated that I don't come under military law but, government employees do and they have the right to enforce military regulations. So I asked her that means since there is a expired military ID card that a garbage collector or ditch digger could confiscate an expired military ID card? She said that they are a government employee and they not only have the right but are obligated to do so. I informed her that I do not believe that is correct and she need further training. So again does anyone have the right answer to what AR covers; "Who has the authority to confiscate an EXPIRED MILITARY ID CARD?"
Posted >1 y ago
Responses: 5
https://minationalguard.dodlive.mil/files/2016/05/AFI-36-3026.pdf
Look at page 41 of the PDF.
Who can confiscate ID Cards?
Civilian Employees (appropriated and
non-appropriated fund) of benefits
and privileges activities.
Note: These are individuals who
work in facilities that provide benefits
and privileges; they can be but are not
limited to: exchange and military
club representatives, clinic providers,
billeting and customer service
representatives, etc. See paragraph
1.14.1.
ID card recipients of any Service that have cards that are
mutilated so that their use as a credential is questionable:
Expired.
Obviously altered.
An ineligible person presents the ID card.
So, the answer is yes, they can confiscate the ID card. However, if they didn't give you a receipt or letter that you could immediately take to a DEERS location, then they were in the wrong as well. To have been able to get a new ID, you would've had to have had a receipt or letter from the clinic.
Look at page 41 of the PDF.
Who can confiscate ID Cards?
Civilian Employees (appropriated and
non-appropriated fund) of benefits
and privileges activities.
Note: These are individuals who
work in facilities that provide benefits
and privileges; they can be but are not
limited to: exchange and military
club representatives, clinic providers,
billeting and customer service
representatives, etc. See paragraph
1.14.1.
ID card recipients of any Service that have cards that are
mutilated so that their use as a credential is questionable:
Expired.
Obviously altered.
An ineligible person presents the ID card.
So, the answer is yes, they can confiscate the ID card. However, if they didn't give you a receipt or letter that you could immediately take to a DEERS location, then they were in the wrong as well. To have been able to get a new ID, you would've had to have had a receipt or letter from the clinic.
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As for my understanding of the matter no civilian or government employee is entitled to confiscate a DoD CAC card. Expired or otherwise due to possible sensitive or SCI clearance data involving said identification card. Only your NCO, Commanding officer, superior ranking officers or appropriate DoD officials may confiscate you CAC card. Then you are to receive said individuals information and validation he/she confiscated your card. Otherwise any breech, illegal use, or otherwise will lead directly back to you. You absolutely did the right action in your incident. Unfortunately certain civilians and local law enforcement have the mentally of “not having to adhere to Federal laws”. In your case no harm no foul. However when dealing with military or intelligence CAC cards national security possibly or is a serious matter. If more than less than one percent of the nation was military and ex military maybe more would appreciate that more.
Sorry you and your wife were not treated with the respect you deserve.
Have a good New Years buddy
Sorry you and your wife were not treated with the respect you deserve.
Have a good New Years buddy
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When I was a BMM gate guard, we were instructed to confiscate expired cards. We usually got a few each day.
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