Shoplifting in the Army

Shoplifting in the Army is more common than most people think.  This could include on post, like at the PX/Shoppette/Class 6, or off-post. On post, most Soldiers don't understand that shoplifting in the Army is closely monitored. There are cameras that scan for suspicious activity and loss prevention personnel assigned to catch alleged shoplifting.

Typically, Soldiers suspected of shoplifting in the Army are detained on their way outside of the store.  They are taken to a room and immediately interviewed. Anyone in this situation needs to understand that he/she does not have to make a statement and should invoke their right to remain silent. This is as simple as saying "I invoke my right to remain silent."  Once the interview is over, the Soldier in question will be escorted to the MP station and "detained." The Soldier's chain of command will have to come pick the Soldier up.  It is also important for the Soldier to not speak about what happened to his/her chain of command. Again, a Soldier in this situation should say "I invoke my right to remain silent" when questions are asked.

Shoplifting in the Army fits the UCMJ definition of Larceny, or Article 121 UCMJ.  Soldiers rarely, if ever, face a criminal trial for shoplifting; however, it is common for Soldiers to face adverse action.  This typically includes an Article 15, a GOMOR, or a referred/relief for cause OER/NCOER.  Furthermore, Soldiers often face separation (enlisted) or elimination (officers) due to allegations of shoplifting in the Army.

Shoplifting can be an honest mistake. For example, the Soldier in question might have forgotten about something in his/her cart/pocket, or was distracted and forgot to go to the checkout. Additionally, shoplifting can be a sign of depression. Attorney Barry has noticed that some individuals shoplift because it gives them a "high" and makes them feel better.

Whatever the reason, shoplifting in the Army can result in career altering adverse action. While TDS is available to assist, they are often over-worked and inexperienced. Civilian Counsel can be retained, which allows an Officer to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively with shoplifting in the Army, and the adverse actions that can follow.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.