Ask a Military Lawyer. Get Your Military Law Questions Answered
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.
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.
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).