h. SFC Picart by his own omission, revealed that he received the sole keys to the equipment storage facilities from CPT Reid. When SFC Picart received the keys to the storage facilities thereby, he assumed custodial responsibility, therefore, obligated him for the property in storage awaiting issue or turn-in. According to AR 735-5, defines custodial responsibility is the obligation of an individual for property in storage awaiting issue or turn-in to exercise reasonable and prudent actions to properly care for, and ensure proper custody, safekeeping, and disposition of the property are provided. Also, no evidence was presented, to believe …show more content…
SSG Gilbert, Supply Team NCOIC, revealed in his sworn statement that he or his team never received the equipment recorded on the DD Form 200. CPT Reid’s sworn statement also reconfirms that SSG Gilbert when asked by CPT Reid on/about November 2017 confirms that SSG Gilbert or supply team members did not receive or process any turn in documents for the equipment.
j. Findings from my investigation, I am able to conclude that SFC Picart had exclusive access and control over the equipment storage facilities and other causes of the loss have been ruled out, SFC Picart is negligent and likely caused the loss. Additionally, CPT Reid is also negligent of his command responsibility by failing to properly maintain accountability and safeguard USG equipment as a primary hand receipt holder.
k. CPT Reid and PFC Scott’s statement (exhibits C and J), prove that SFC Picart personal actions (i.e. overt acts of presumed negligence) by granting SGT Gates, SPC Smith, and SGT Misajon (i.e. non 92Y qualified or supply team members), full access into the restricted storage facilities and retrieving equipment with no chain of custody being