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EMJ1219
EMJ1219, Army First Sergeant (RET)
Category: Military Law
Satisfied Customers: 10760
Experience:  Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.
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I have had my pass and leave priviledged revoked for over 4 ...

Resolved 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?
Submitted: 6 years ago.
Category: Military Law
Expert:  EMJ1219 replied 6 years 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 6 years 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.
Expert:  EMJ1219 replied 6 years 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.

 

 

 

 

EMJ1219, Army First Sergeant (RET)
Category: Military Law
Satisfied Customers: 10760
Experience: Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.
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Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.