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Can my commander ban me visiting a state?

 
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  • Answered by:psimmons
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Customer Question

Can my commander ban me visiting a state?

 

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State/Country relating to question: Florida

Already Tried:
United States Army TDS services

Submitted: 277 days and 12 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  psimmons replied 277 days and 12 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

A state in the US? Or a foreign country?

Customer replied 277 days and 12 hours ago.

A state in the United States.

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Expert:  psimmons replied 277 days and 12 hours ago.

And the basis for the ban? Why are they banning the visit?

Customer replied 277 days and 12 hours ago.

I am pending an Article 15 process for allegedly breaking a no contact order I have against someone in Florida, though I am stationed in Georgia. I am not on restrictions of any sorts. I am currently even on leave even though I am flagged for adverse action. My commander granted me leave but counseled me before I left on leave telling me that under no circumstances, will I enter the state of Florida. Really I don't know his true justification for it. I just need to know if it is legal for him to ban me because if is not, I intend to visit the inspector general to file a complaint against him.

Accepted Answer

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Expert:  psimmons replied 277 days and 12 hours ago.

I would obey this order.

I believe it it would be deemed legal by a Military Court if push came to shove and you landed in a Court Martial.

In order for an order to be legal, it must relate to a military function and not otherwise be illegal.

In this case, if you are pending Art 15 for breaking no contact order and the other party is in FL? I believe such an order to be legal

I see your point...it may be the order is too broad. But I would not take the risk were I you.

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10202
Answered: 7/18/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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