Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have had my pass and leave priviledged revoked for over 4 ...

 

Customer Question

I have had my pass and leave priviledged revoked for over 4 months now with no UCMJ action against me. What is the limit that my commander has before he has to let me leave post again?

 

Optional Information:
Schweinfurt, Germany

Already Tried:
IG, Trial defense. Went through chain of command. Noone has given me the limits on what time period they can revoke my pass and leave priviledges, they wont call it restriction because that limits them to a period of time.

Submitted: 1909 days and 23 hours ago.
Category: Military Law
Value: $15
Status: CLOSED
Picture
Expert:  EMJ1219 replied 1909 days and 17 hours ago.

DearCustomer

Which service are you in?

I notice that you said that ther was no UCMJ but was their non-judicial punishment such as a summary article 15.

 

Customer replied 1909 days and 14 hours ago.

Reply to EMJ1219's Post: I am in the Army. I was getting chaptered out but there has been no word of my status on that, I have never had an article 15. All they do is write on counseling statements that my pass and leave priviledges are revoked, with no date specified when I get them back. Its been like this since Nov 27. 2007.

Accepted Answer

Picture
Expert:  EMJ1219 replied 1909 days and 14 hours ago.

DearCustomer

Thank you for the additioanl information.

The reason that they can get by with that is because the pass privledge is not a right; it is a priviledge of the commander (not even the first sergeant unless the commander gives him a pass privledge to hand out or use).

A commander may limit passes when ever he feels it is deserved or not. It is not considered punative, enven though it feels like it.

What many soldiers (sailer and other too), is that when there duty day ends, and they go home, they are actually on pass.

As I recall, when I was active duty in 1995, we wrote the company policies that way in order to ensure our soldiers understood the nature of the pass priviledge, did not take it for granted, and understood that it could be terminated with or without cause at any time.

There is a distinct difference between pulling a pass and confinement and restriction.

If you are limited to the barracks, then you may be having your rights trampled on a bit. That would be restriction or confinement.

Pulling your pass should still allow you priveledges on post.

You are correct that the pass privledge does not have to have a time period, it can be indefinate.

In my experience, commanders do this not as a punitive charge, but to keep an otherwise good soldier close to lessen the chance of flight during a consideration of more stringent processes and procedures.

You mentioned a chapter 13 which you do not know the status of. In my mind, I believe the commander really does not want to make this any worse, by a chance of flight. I do not know your charachter, but perhaps he is overdoing it.

If this amounts to a restriction or cofinement to quarters, it is my bleife that you may have a legitimate legal complaint. If the command is not listeing and helping, then you may want to write your congressman about being confined or restricted to quarters under the guise of a restricted pass privledge, which is denying you due process.

 

 

 

 

Expert TypeArmy First Sergeant (RET)
Category: Military Law
Pos. Feedback: 100.0 %
Accepts: 160
Answered: 2/20/2008

Experience: Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.

Ask this Expert a Question >
 
Tweet

6 Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
Can a man in the military get in trouble if he has a few pairs 5/5/2013
I received a ticket for minor in possesion for an unopened 5/5/2013
How long would it possibly take for someone who has refused 5/4/2013
hello, i have a soldier who is being punished with 2 feild 5/4/2013
If a person admits to a crime on a official military website, 5/3/2013
Enlisted in USAR transferred to IL ARNG. Re-enlisted. Did not 5/1/2013
How do I get my share of BHA that he has been receiving for 4/29/2013
My attorney sent a subpoena to my husband's military unit for 4/29/2013
I am looking for help. My husband joined the army for all the 4/28/2013
My son is 18 and just signed for National Guard this year. 4/28/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • Dependency and Indemnity Compensation
  • UCMJ Treason Laws
  • Punitive Discharge Questions
  • Military Administrative Discharge
  • Special Court Martial Questions
  • Good Conduct Medal Regulation
  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
  • Military Survivor Benefit Plan
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
185 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan