SPC Private RallyPoint Member 4664253 <div class="images-v2-count-0"></div>I was at a change of command formation and my phone went off due to an alarm I forgot i set. The app made me answer math questions to turn it off and I was panicking. My PSG took my phone to turn the alarm, but 1sgt took it and threw it the other direction. The whole battalion knows what happen and not going to lie it was funny. My phone did have a damaged screen but it was still 100% functional till I got it back from another soldier who found it. The phone worked for a day and then just completely stopped working. I’ve been told to file a report for him to replace the screen and the back of the phone, but I’m not sure how I should go about it. 2019-05-24T08:28:25-04:00 SPC Private RallyPoint Member 4664253

<div class="images-v2-count-0"></div>I was at a change of command formation and my phone went off due to an alarm I forgot i set. The app made me answer math questions to turn it off and I was panicking. My PSG took my phone to turn the alarm, but 1sgt took it and threw it the other direction. The whole battalion knows what happen and not going to lie it was funny. My phone did have a damaged screen but it was still 100% functional till I got it back from another soldier who found it. The phone worked for a day and then just completely stopped working. I’ve been told to file a report for him to replace the screen and the back of the phone, but I’m not sure how I should go about it.

2019-05-24T08:28:25-04:00 2019-05-24T08:28:25-04:00 LTC Kevin B. 4664296

<div class="images-v2-count-0"></div>I&#39;d take it straight up the Chain of Command first, to give your 1SG an opportunity to do the right thing (and pay for the repairs) without having to take it outside of the unit. If the Chain of Command isn&#39;t responsive, I would recommend going to Legal, the IG, and/or the Provost Marshal. If your description of the events is accurate (and I have no reason to believe otherwise), your 1SG damaged private property. Seems fairly clear cut. Certainly the situation could have been handled better, by everyone involved. However, that doesn&#39;t change the fact that your 1SG purposely damaged private property.

2019-05-24T08:39:20-04:00 2019-05-24T08:39:20-04:00 CPT Jack Durish 4664497

<div class="images-v2-count-0"></div>What a fascinating situation. Obviously one that I never encountered during my active duty (back when the Earth was without form and we fought with sticks and stones). Thus, I can only speculate. It seems that others have already offered good advice so I&#39;ll just leave it at this... Maybe this is just a teaching moment. Imagine forgetting to silence you phone during an actual combat mission and it &quot;rings&quot; when you&#39;re sneaking up on hostiles. As a platoon leader I&#39;d take responsibility for not checking to make sure everyone&#39;s phone was silenced or left behind, and I&#39;d expect my platoon sergeant to take immediate action to &quot;help&quot; you silence it. As for further actions, keep in mind &quot;battles won, wars lost&quot;.

2019-05-24T09:53:19-04:00 2019-05-24T09:53:19-04:00 CW4 Craig Urban 4664507

<div class="images-v2-count-0"></div>Your a jerk

2019-05-24T09:56:14-04:00 2019-05-24T09:56:14-04:00 CSM Richard StCyr 4664617

<div class="images-v2-count-0"></div>Pretty simple answers..... <br />-Don&#39;t bring your phone to ceremonies, (mine stayed in the car) If there&#39;s an emergency someone will find you GUR-ON-TEED.<br />-Don&#39;t put ridiculously long or complex passwords on them. You won&#39;t remember what they are in an emergency.<br />-Get an otter box for your phone if you can&#39;t achieve one or two above so it has survivability when the 1SG launches it.<br />- Start the whine line up through the NCO support channel or COC until you find someone that doesn&#39;t think..... Gee sounds like something I&#39;d have done.<br /><br />Top should have just put the phone in his pocket and walked off the field and had you do front, back, go&#39;s after the ceremony. But hey, bet you don&#39;t do that again.

2019-05-24T10:42:52-04:00 2019-05-24T10:42:52-04:00 SSG Carlos Madden 4664642

<div class="images-v2-count-0"></div>Honestly, try to work with your squad leader to help resolve this. It&#39;s his/her responsibility to help you take care of these types of issues and having an NCO advocate for you in front of the 1SG is going to be much better than going at it alone.

2019-05-24T10:51:16-04:00 2019-05-24T10:51:16-04:00 SrA James Cannon 4664706

<div class="images-v2-count-0"></div>You can let some of these other folks set you up for failure, or you can listen to this. Leave it alone. Let sleeping dogs lie. Go buy another phone and call this a lesson learned. Otherwise, you might end up getting the First Sergeant to have to pay for your phone, but the payback that will rain down on you from the rest of the unit will not be worth it.

2019-05-24T11:16:29-04:00 2019-05-24T11:16:29-04:00 1LT Private RallyPoint Member 4664731

<div class="images-v2-count-0"></div>I’m sorry that your personal property was destroyed. As others have mentioned, you are in a precarious situation. You are 100% within your rights to seek compensation for someone willfully damaging your property. On the other hand, you’re in the Army and leaders like this sometimes hide behind their rank when deep down they know they were wrong. Reprisals are certainly a possibility. <br /><br />If I were in your situation, I’d use my NCO support channel to talk with my 1SG. I would explain, calmly, that after the incident my phone no longer works and I have no other means of communicating with my leadership outside of work or my family. My gut feeling is that your 1SG’s intention wasn’t to break your phone (although throwing someone’s phone and expecting it not to break is foolish) and he will likely pay for the damages/replace it as destroying a subordinates personal property is not a good look. Once again, reprisal is a possibility but some fights are worth fighting.

2019-05-24T11:34:52-04:00 2019-05-24T11:34:52-04:00 Sgt John Steinmeier 4664809

<div class="images-v2-count-0"></div>21st Century soldier problem.<br />I am actually surprised about some of the comments, such as take it up with Legal. Private does what Privates do...screws up. Evil Platoon Sergeant goes nuclear and now lawyers are needed.<br />I say chalk it up to a military life lesson and leave the new cell phone behind for future formations.

2019-05-24T12:00:30-04:00 2019-05-24T12:00:30-04:00 MSgt Steven Holt, NRP, CCEMT-P 4664874

<div class="images-v2-count-0"></div>This is one of those classic &quot;No win&quot; situations. Sure, you could run the issue up the flag pole of the CoC. You could involve legal (Povost Marshal, Legal Office, etc) and have the 1SG held accountable under Wilful Vandalism of Personal Property laws. After all that, you&#39;d most likely have a target on your back for your remaining time in that Battalion. You&#39;d likely catch every crap detail that came down and it would be all but impossible to prove they were doing it as retaliation.<br /><br />My suggestion is to use this as a valuable learning experience. Moving forward, make sure your phone is powered off, or just leave it in your vehicle. You can&#39;t use it in formation anyway so don&#39;t set yourself up for failure. Hopefully you were savvy enough to have a protection plan for the devise. Pay the deductible, get a new phone, and continue mission.

2019-05-24T12:24:03-04:00 2019-05-24T12:24:03-04:00 CWO3 Private RallyPoint Member 4664959

<div class="images-v2-count-0"></div>If you were in the formation you should not have had a cell phone on your person, period. Knowing that you couldn&#39;t possibly answer it, what purpose would it serve? The 1st Sgt had no right to damage it, but you were the cause, assuming you were in ranks. Use COC tactfully and tread lightly toward restitution. My 2 cents worth.

2019-05-24T12:57:09-04:00 2019-05-24T12:57:09-04:00 Capt Daniel Goodman 4665149

<div class="images-v2-count-0"></div>Wow...I&#39;m obviously not making light of that one, I just never heard one quite like that before...honestly, I don&#39;t have a clue how to handle something like that, certainly, I was just totally floored by your description...wow....

2019-05-24T14:00:31-04:00 2019-05-24T14:00:31-04:00 Sgt C Vail 4666664

<div class="images-v2-count-0"></div>Go buy a new phone and don’t bring it to formation. You are lucky that your platoon sgt or squad leader didn’t have you doing PT in the laundry room with all the dryers going in MOPP 4 after that.

2019-05-25T00:10:41-04:00 2019-05-25T00:10:41-04:00 PO2 Orlando Sims, MPA 4666824

<div class="images-v2-count-0"></div>The best bet is to have a one on one conversation with the 1SG. Sometimes situations maybe handled right then and there depending if the other person is a reasonable person. If you give the offending person a chance to rectify the situation, then the person may respect you more. Just make sure you own up to your mistake and be tactful on how you talk to the 1SG.

2019-05-25T02:52:40-04:00 2019-05-25T02:52:40-04:00 SGT Private RallyPoint Member 4667407

<div class="images-v2-count-0"></div>My answer is not printable. However, the responsibility belongs to whom in this case?

2019-05-25T10:02:31-04:00 2019-05-25T10:02:31-04:00 COL Gary Gresh 4668088

<div class="images-v2-count-0"></div>Take to the chain of command. Don’t whine don’t complain. Just ask for the 1st sgt make it right. He acted inappropriately for today’s army. He should have just taken the phone shut it off and given it back to you later. Poor leadership example on his part. Give him a chAnce to make it right. Don’t be mad or belligerent. You are in the right here. I’m confident that the COC will make this right.

2019-05-25T15:24:18-04:00 2019-05-25T15:24:18-04:00 PV2 Bob Ondown 4670110

<div class="images-v2-count-0"></div>1SG was wrong. Use chain of command to rectumfy the issue.<br />Destroying personal property is a NO GO. <br />I would have you do pushups, details, guard duty, CQ...<br />Just keep your cool and be respectful.

2019-05-26T12:50:37-04:00 2019-05-26T12:50:37-04:00 MSG Gary Eckert 4681600

<div class="images-v2-count-0"></div>This is a tough one. Destruction of personal property is a violation of the UCMJ; however, at minimum having your phone in the formation probably violated a lawful order so pushing the issue with you first sergeant might get your phone replaced and also have the unintended consequence of having someone take action against you for violating that order. If you are an otherwise STRAC soldier whose service is valued by the Chain of Command, you should request to see the Commander/1SG using their open door policy and see whether the 1SG is willing to repair the phone....that is probably your best route. If you are an on the fence soldier where the Chain of Command can&#39;t wait for your ETS you might have to take this as one of life&#39;s expensive lessons.<br />That being said, I would be remiss if I didn&#39;t at least tell that it might be possible you could file a claim for the repair costs using a DD Form 1842. Depending on the amount of the claim, this could create quite the headache since anything more than $100 will probably result in an investigation to hold the 1SG pecuniary liable. This route takes you through the JAGs claims section.

2019-05-30T08:28:00-04:00 2019-05-30T08:28:00-04:00 SFC Private RallyPoint Member 4683544

<div class="images-v2-count-0"></div>What’s more distracting, the phone going off or the 1SG wailing it across the parade field? <br /><br />You screwed up, you know you screwed up, but it wasn’t intentional and I’m sure you won’t do it again. <br /><br />The 1SG exhibited unprofessional behavior not just by throwing the phone, but by taking it way from your platoon sergeant who was attempting to rectify the situation. <br /><br />Politely, respectfully, take it up through your NCO support channel. He didn’t break a coffee cup, he broke something that probably cost several hundred dollars. He doesn’t need UCMJ, he doesn’t need to apologize in front of the company, he just needs to make it right for you.

2019-05-30T18:38:03-04:00 2019-05-30T18:38:03-04:00 SPC Chris Ison 4709401

<div class="images-v2-count-0"></div>Article 93 - Cruelty and maltreatment<br />Article 109 - Property other than military property of the United States—waste, spoilage, or destruction<br />Article 117 - Provoking speeches or gestures<br />Article 128 - Assault<br /><br />There may be conduct unbecoming too.<br /><br />All of the above are UCMJ articles that yoru 1sg canbe charged with.<br /><br />Taking your phone is &quot;tantamount&quot; to a touch, and is considered, legally assault.<br /><br />It is private property purchased by you, and as such he has no right to take it form you and break it. One could make the argument that confiscating it until the formation was over is okay, but not breaking the phone. Even though he out ranks you, you still deserve respect, and he is not allowed to provoke you by breaking your phone. And finally the maltreatment, tin the modern army you are not allowed to abuse soldiers, that is why their are regulations that manage physical punishment like smoking soldiers. The army spends lot of money to train you they don&#39;t need some fucking stupid NCO breaking that investment.<br /><br />Now how i would handle this is simple:<br /><br />Step one, i would talk to my 1SG directly and ASK him nice to replace my phone. If he refused then i would go to my PSG, and ask him to intercede, if that failed i would go to my SGM and ask him to intercede, if that failed, I would go to the CO, and BN commander, If that failed i would go to the IG and CID BOTH, and once i got to this point I would make sure that i had told everyone from my congressman (both federal and state), my senator (Both federal and state), the local newspaper, my hometown news real and anyone else i could get to listen what happened and how my BN is fucking over soldiers. The minute you make it a public problem SHIT GETS FIXED.<br /><br />Somewhere along the way any reasonable person would pull the first sergeant over and say, &quot;Look we can court martial the shit out of you, or you can pay the 700 dollars and be done with it; Don&#39;t fucking touch soldiers anymore&quot;.

2019-06-09T19:17:31-04:00 2019-06-09T19:17:31-04:00 LTC Ken Connolly 4725031

<div class="images-v2-count-0"></div>There may not be much you can nor want to do. Hope you had insurance on the phone. Use this situation it as an object lesson to perhaps for the next time leave your phone in your locker or car glove compartment during any formation.

2019-06-15T17:05:49-04:00 2019-06-15T17:05:49-04:00 SP6 Andrew Gonci 4744338

<div class="images-v2-count-0"></div>the sgt had no right to take the phone and throw it go to the co and report his ass

2019-06-22T23:00:29-04:00 2019-06-22T23:00:29-04:00 SSG Tom Montgomery 4747236

<div class="images-v2-count-0"></div>If you are dumb enough to bring a cell phone to any formation, least of all a change of command, don&#39;t bitch. The 1Sgt did what was necessary to remove the annoyance. That was disrespectful action on your part, bringing a cell phone with you. I&#39;ve been out a while but discipline and personal responsibility can&#39;t have been discarded.<br />Instead of whining. Go to your first sergeant and apologize for your ill mannered indiscretion.

2019-06-23T23:27:17-04:00 2019-06-23T23:27:17-04:00 GySgt Kenneth Pepper 4750845

<div class="images-v2-count-0"></div>I think you should chalk it up to a life lesson. There is no good reason to have your phone in your pocket during at a formal occasion. You were in the wrong.<br />I&#39;m not advocating for destroying someone&#39;s property, but if you had left it where you should have there would be no problem.

2019-06-25T07:52:03-04:00 2019-06-25T07:52:03-04:00 SFC Michael D. 4751700

<div class="images-v2-count-0"></div>Open door policy. Ask to see the 1sg who deep down inside already knows he did you wrong. Explain to him that it was an accident the phone going off and that in the future you will ensure that you won&#39;t have it at formations again or remember to put it on silent. Then segway into the cost of replacing a phone and how this will cause you hardship. Blah, blah, blah, and see if the 1sg is a real Soldier and makes it right. He damaged personal property. Conduct unbecoming and all that stuff. I&#39;m sure he wants it to just go away and will hopefully pay for your repairs. If not, then what LTC Broom, PhD siad.

2019-06-25T15:09:42-04:00 2019-06-25T15:09:42-04:00 SFC Michael Peterson 4785642

<div class="images-v2-count-0"></div>I&#39;d say, suck it up buttercup and, next time, don&#39;t bring your phone. Your 1SG may have thrown your phone but, it&#39;s 110% YOUR fault.

2019-07-06T13:29:44-04:00 2019-07-06T13:29:44-04:00 SFC Casey O'Mally 4791426

<div class="images-v2-count-0"></div>Whenever I find myself on the wrong end of &quot;justice,&quot; the VERY first thing I do is ask myself if my own actions were in any way responsible. Then I ask myself to what degree I was responsible. Then I figure out what I can change about my own actions to prevent similar outcomes in the future. I am not saying that the 1SG (effectively) destroying your phone is your fault. But I am saying that your own actions (or inactions) led to the situation in the first place. I have read through some of the comments, here is my advice. <br /><br />1) Go to your TL and admit you were in the wrong. Don&#39;t make excuses like you are trying to do here (it was on silent, but the app ignored it.) It was your phone, it was your responsibility. End of discussion.<br /><br />2) Ask your TL to help you talk to the 1SG about repairing your phone. Even though you were in the wrong, so was 1SG. Two wrongs don&#39;t make a right.<br /><br />3) Approach the 1SG (with your TL, SL, PSG or all 3), and again offer your admission of wrongdoing. After, and ONLY after admission of guilt, request that he repair or replace your phone, his choice. Remain calm and rational, do NOT allow the conversation to become emotional. <br /><br />4) Learn your lesson. Don&#39;t EVER be that guy again.<br /><br />5) Help others learn from your fail - when you have Soldiers, double check their phones, and have them check things like apps which can override silent - or just have them all turned OFF.

2019-07-08T13:24:19-04:00 2019-07-08T13:24:19-04:00 SP5 Joe Bierce 4816825

<div class="images-v2-count-0"></div>what were you doing with a cell phone in your pocket? learn to leave the things at home, in your barracks or in an office. You won&#39;t miss anything and will save your butt. It someone really needs you they can find you to respond to emergencies.

2019-07-15T22:50:07-04:00 2019-07-15T22:50:07-04:00 SFC Robert Walton 4836393

<div class="images-v2-count-0"></div>I had to stop and regurgitate my breakfast after reading this and some of the responses ( I did not get far on the responses).You PFC by your own admittance her on RP said you thought it was funny? FUNNY really so can we say premeditated? You failed to mention if it was the only Phone that went off during said formation. Consequences for the action you have taken comes to mind.<br /><br />I can guarantee you would have been in my office (as a PLT SGT) before the Change of command was over and before you got your phone back. We would be having a rather one sided discussion of what the repercussions for your actions could be and which ones I will recommend when I have to escort you to the 1sgt&#39;s Office by his request.<br /><br />Most cell phone policy&#39;s come with an insurance Policy these days hope yours is still active. When you recovered you phone operating or not from that day forward you would see me before each formation and it would be locked in the company safe for the day until you either PCS or ETS.<br />I guess I just don&#39;t share your sense of Humor.

2019-07-22T10:40:35-04:00 2019-07-22T10:40:35-04:00 PO2 Charles Gaskill 4901274

<div class="images-v2-count-0"></div>I&#39;m surprised no one suggested that they both share the cost of repair/replacement of the phone. My opinion, they were both wrong, and they both wronged each other, by that I mean; the pvt wronged the 1sgt trust that he was squared away, and the 1sgt broke his phone. They both should pay for it and move on with respect to the event as a learing experience.

2019-08-10T08:47:09-04:00 2019-08-10T08:47:09-04:00 SGT Charles Bartell 4947727

<div class="images-v2-count-0"></div>Deal with it.<br />You F/U by bring your phone.<br />Just be glad you are not in the real good old days.<br />When you would have been thrown not your phone.

2019-08-23T11:45:53-04:00 2019-08-23T11:45:53-04:00 SGT Private RallyPoint Member 4948608

<div class="images-v2-count-0"></div>I love how everyones big fix is &quot;Well, don&#39;t bring your phone to ceremonies.&quot; Yep, we know that, and so does he now, we&#39;re past that and he&#39;s asking about what to do now that Top busted his phone. I&#39;d just say run it up the chain starting with your first line, but don&#39;t expect much. Odds are you&#39;re SOL and most people will just say, &quot;That&#39;s what happens, I&#39;d have launched it myself.&quot;

2019-08-23T16:55:05-04:00 2019-08-23T16:55:05-04:00 SSG Private RallyPoint Member 5000711

<div class="images-v2-count-0"></div>The 1SG is wrong an for any of you condoning the behavior you are wrong too. Soldiers don’t make a lot of money so destroying his property is wrong. Period. Give him a chance to do the right thing if he doesn’t go up the chain. Do what you have to.

2019-09-07T11:01:22-04:00 2019-09-07T11:01:22-04:00 SGT Frederick S. Mitchell 5011921

<div class="images-v2-count-0"></div>You should pull your head out of your ass and accept responsibility for not doing what you were expected to do..... just saying.

2019-09-10T20:12:08-04:00 2019-09-10T20:12:08-04:00 CPT William Jones 5066582

<div class="images-v2-count-0"></div>appropriate way to handle your problem in the future is don&#39;t have your phone in places the orders say don&#39;t have it there.

2019-09-27T13:51:18-04:00 2019-09-27T13:51:18-04:00 SSG (ret) William Martin 5195566

<div class="images-v2-count-0"></div>It&#39;s called damage to private property. Your 1SG is responsible. You learned a lesson however what you did not does let your 1SG off the hook financially.

2019-11-03T06:00:44-05:00 2019-11-03T06:00:44-05:00 2019-05-24T08:28:25-04:00