Is it illegal/a felony to sell military clothes, gear etc of your ex-spouse??

Question

I'm getting a divorce plus custody/child support from my husband whom was discharged from the Army this March 2007, he was in under 4 yrs.The last date I saw him was 22 June 2007, I have a RO against him but he has about 5k or a tad under worth of military issued gear at my folks house.

I need to know if I can sell the stuff or what??
I've already gotton legal advice but I've heard too many yes' and too many no's. I'm doing the divorce/custody on my own with out a lawyer, the money from the stuff would help out alot since I have not seen any support money for me nor the child.

I live up in anchorage, ak to.

Well I already gave him a notice in the paper to come pick up his things he hasnt.

Is there like a hand book that states it is ok to sell military issued gear?? B/c I hate to get into trouble, unless I play dumb with the military and say i didnt know.

I highly doubt he will re-join....he was only in there for the money plus got out of depolyment by doing some stupid sh*t.

I'm a single mom if you wanna call it like that, I do not want to end up in jail, and I would drive out to the base but I hate for the stuff to get into the wrong hands.

I didnt think he had alot until I opened a few box and found the armed the armed vests, 2 helmets and pretty much he has a full set of deployment issued gear.

I've stooped to his level too many times already. I was a fool who feel for a fool in uniform.I married young but married the wrong person. But then once the army caught on to his bs games and lies I noticed there was a problem


I got out when I did but I'm slowly turning my life around to the right fork in the road. Just need to get rid of the military gear.

Yeah it is the new stuff with plates. Thanks for the info, thou. I'll probably send the stuff with s# back to the base. Well he said they had one number in his SSN that messed up in the system so they had nothing stating he got the gear. or showing what he got.

I called the folks the CIF i think thats who it was and told them I have a bunch of gear they said just drop it off at the gate, but in my mind if i drop it off some jackass might take the stuff or it might get mis-placed.

True, I work in a mall where every branch of recruiting office is there, so I might stop in at the army office and ask... hopefully they do not ask me to join like they did 5 months ago frickin recrutier was at my door step asking me to join on a friday afternoon.

I'm like how did you find me.. come to find out they found my resume online at careerbuilder.com so they tracked me down.

David H....this divorce will be long, he is hiding and doesnt want to be found typical 24yr i guess. But there's 2 p-servers after him one that i hired and one from the child support office. he's in alaska still...but he's playing hard ball. I filed the paper work last month still that cant find him 10 people incl. his mother knows where he is at but nobody will come forward to where his where abouts are....

I just want a divorce/custody in writing and some kind of child support.

also no need for welfare...i make to much money or i gotta prove that I'm homeless inwhich I'm not i live with my folks inwhich they are an awesome support net work. i even make to much money or got prove that I am homeless inorder to get my own apartment. but my child has health insurance through the state plus WIC.

CS...He is fully discharged. He left all of his court martial and other military records behind with me so,I picked out the good one such as conspiracy/theft of gov. property, his discharge papers etc. I have too much on him that I didnt even know about until going through his records. I know what a dummy he was.

I cant even afford a lawyer frickin lawyers up here just want 3-6k down then another 5k-10k its like no body is carring that type of money. Even thepro-bono/ and legal aid will not help me either

Bree...thanks for the input , but thats already been done. His old unit doesnt want anything to deal with his stuff. Once they hear his last name they say sorry, he's no longer in the army or with this unit so we cant help you have a great day bye.

I personally called his 1st SGT last month and spoke with her.She directed me to CIF/CFI whatever way it goes and on the phone it sounded like that had no clue what I was talking about, b/c they looked up his SSN and saw he brought everything in but I told them...uh no he didnt he just brought in what you told him to.

but thank you all for the input...the stuff with the serial numbers i'll bring back to the military but the rest like clothes wise, acu's,bdu's,goretex stuff etc I'll sell for cheap since it is used but in good/fair contd.

Answer 1

be careful selling the armor and helmets. without a reciept its not considered personal gear. if its the new armor that uses plates (OTV and IBA) and the new helmets (ACH) he could end up in jail because its serial # and so expensive. if you do sell those two make it a personal sell and not to a pawn shop or surplus store. as for the rest of it you can sell.

Answer 2

It is a mucked up situation. Doing the divorce on your own when children are involved? He still will have to appear or sign at some point. Even if he does it could be contested later.

But you ask about gear. Are you absolutly sure that he is discharged? Odds are is that he is not. It would take a huge amount of effort to get out and would have to be a long term thing to make it so. Regardless of the reason. I bet he is playing you somehow.

Yes selling the gear could cause you some serious issues. Even in civilian court it could do the same. Vests, helmuts and such are government property. Period. Go to the post and turn them in to someone else rather than a person at the gate....... they can escort you. This will help in the court case.

And yes when it all comes down to it social security numbers or not it can be classed as a felony if you sell anything. Even after if someone wants to make an issue of it you can be charged.

Get a lawyer and skip the gear thing.

Answer 3

I can tell you this for sure, he's not supposed to have the vests or helmets. That stuff is not issued gear like uniform items. He either stole it or the paperwork fell through the cracks when he got out. You could probably sell that stuff on eBay for a chunk of change, but law enforcement is cracking down on that since there's so much unaccounted for equipment floating around because of the war. I wouldn't recommend you do that since you're a single mom and trouble with the law is probably the last thing you want. Uniform items are a different story. You could sell those to an army surplus store for a little money if they're in good condition, especially the gore tex rain jackets and pants. It sounds like he doesn't care to have the stuff and since he hasn't retrieved it in a reasonable amount of time i don't see why you couldn't sell it.

Answer 4

BDU, DCU, Gortex, boots, shirts, pants, etc. you can do whatever you want to do. The other stuff like helmet, gears, and any other items with numbers you have to return. If the Supply personnel told you that he had return everything that he was suppose to then I wouldn't worry about it. In fact it is his duty to make sure that everything was turn in. You would be left out of the loop and do as you will. You would not be legally held responsible for any military issues that was given out to him.

To cover any legal issue with the military you need to contact the legal staff on base and they can pretty much help you with any legal matter. You may have certain rights even after the military.

The only thing that you might have to watch out for is the fact that OSI, NCIS, any military criminal agency might go to the local pawn shop, surplus store, etc and conduct undercover operation of finding any government property out in the civilian world. If they find you trying to sell these things then you will be held liable. Selling to another person with no military tides can be your best bet.

If he is not paying child support, go to your local DA office and see if they can issue a warrant for his arrest.

Answer 5

Military Kevlar Helmets For Sale

Answer 6

No, give it all away to the Salvation Army or get a can of lighter fluid and a match. If he wants his stuff back, make an arranged day with police presents for him to pick it all up. The police who arrested him and gave you the restraint order would know his current address. Contact them to make this arrangement. If he doesn't want his stuff have a garage sale or go see if your local army surplus store they might buy it all off you. Why keep your house full of his stuff sitting around reminding you of him.

Answer 7

If it is still his personal property, tell him to come get it. If you sell it, that may incite him to violate the RO. As you may already know, a RO is just a piece of paper that doesn't really protect you from a violent person. Give him 72 hours to get his stuff. If he served 4 years, he is still subject to reserve recall for 2 more years and may need this stuff. Maybe he is a meat head/creep, but don't stoop to his level.

Answer 8

My friends and I wore old Army jackets over our jeans in high school, around 1972 or 73. My step-father was ex US Army and he had a couple of old Army blankets around the house, they were super warm. My husband was a really radical, in communist Hungary, somehow he got a hold of an old US Army jacket and wore it in his country in the 1960's. The police were not very happy with him, he also wore Levi jeans from the US which he paid a fortune for. He would love to see the little black book they had on him. When he lived in Sweden, he bought a Swedish boarder patrol coat, everything was warm expect where the coat didn't reach the bottom of his legs.

Answer 9

You should take the gear to his old unit if possible or call the unit and speak to someone maybe they can direct you in the right way in regards to dropping the gear off. You dropping the gear off would give you more against him in court and keep you out of trouble as well.

Answer 10

hey anchorage,
Wait for the divorce. If nothing is said throw em out or sell them. But wait for the divorce.
anchorage has a good welfare office and a million support groups. Hang tough.