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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32787
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a 100% Service connected veteran. I have been out of

Customer Question

JA: Hello. What is your issue regarding?
Customer: I am a 100% Service connected veteran. I have been out of the Air Force for 21 years, at the time of my discharge I had severe psychiatric problems that were later determined to be service connected, and I was granted 100% service connected disability ( this rating finally occurred 5 years ago finally.) Shortly after I was discharged I was barred from the base due to minor disciplinary infractions. I did not think a whole lot of it, I moved out of state shortly there after. When my 100% was granted I was given a new i.d. card to access the commissary, mwr, and exchange. These services are of immense help to me now that I am on a limited income. I have been using the base facilities for the past 5 years. ( not the same base that I had been barred from 20 years ago), and it was never an issue. Today I went on base to buy groceries, and I was held at the gate for about 30 minutes ( I was asked to pull over), after 30 minutes they gave me back my i.d card and license and told me I was all set. I asked if there was a problem with my i.d. card, and they said they were not sure, but I could go to pass ad id and ask-- so I did. I was told that I was barred from base and should not have been let on-- and to go to security forces to get the issue resolved. I went and they told me it was related to the barment order from 1996, and I was eventually allowed on because it had nothing to do with that base. They said no one from the office that deals with that was available-- and they would proceed after they got reports from the other base... They didnt tell me much, how should I proceed....I admit I had issues in my past, but not for the past 20 years...and I have been using base services for the last 5 years with no issues?
JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: I am in MA
JA: Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else the Military Lawyer should be aware of?
Customer: not that I am aware of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Military Law
Expert:  P. Simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? Are you asking if the commander can keep you from base?

Customer: replied 4 months ago.
I guess I know that the commander can keep me from the base ( they pretty much can do whatever they want). I guess what I want to know is why was this not an issue 6 years ago when I was given an i.d. card? Why is this coming up now? Is there anyway to fight it, and what are the chances of winning?
Customer: replied 4 months ago.
I guess I know that they can keep me from the base ( they can do whatever they want)? What I want to know is that if this was an issue why did they give me an i.d. card 6 years ago without ever saying anything, why have I been allowed all this time with no issues? Is there any way to fight it, and what are the chances of winning?
Expert:  P. Simmons replied 4 months ago.


I do not know why this was not identified so many years back.

But they can enforce it now...the commander has discretion. They can determine who gets to access the base and when. Period.

SO if they bar you? You are not going to be able to enter.

That said, you can appeal this decision...and, frankly, the fact you have accessed the base for so many years without incident? ANd you need to access to use the commissary? I would expect you have a decent chance of appealing this.

Contact the base commander, in writing, and request they allow you access. Again, after all these years I expect you have a decent chance of convincing them to allow you access

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
Thus far they have not barred me from my local installation-after further review I was allowed in- because the barment order is not from the same base, I never had an issue at this base ever. They are seeking the paperwork form the other installation. Can I be barred from this installtion ( new order) based on the previous one from the old base-- even though I have no infractions on this base?
Expert:  P. Simmons replied 4 months ago.

Yes. The commander has discretion...they can refuse you access to the base if they feel your presence on the base would pose a security threat.

But this is why I suspect you may do just fine...since you have been coming on the base for 5 years without incident.

But if they do impose a ban from entry? You can appeal it (and cite that your record of not creating problems on the base)

Customer: replied 4 months ago.
Is there any chance of getting the old order removed ( although I have no intention of ever visiting that area again), so that I am not flagged every single time I try to enter a military installation any where else, and if so what is the likelihood of that?
Expert:  P. Simmons replied 4 months ago.

The process is the apply to the commander of the base (after this many years I expect there is a new commander). You would apply to have them reinstate your access.

Possible? Sure...particularly since so many years have passed with no incident from you in other bases and the fact you need access to be able to use the commissary/px

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 4 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

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