Can my commander ban me visiting a state?
State/Country relating to question: Florida
United States Army TDS services
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?
A state in the United States.
And the basis for the ban? Why are they banning the visit?
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.
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 legalI see your point...it may be the order is too broad. But I would not take the risk were I you.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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