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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34269
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello, my son was with two friends at the BX on base and one

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Hello, my son was with two friends at the BX on base and one of his friends shoplifted an item. My son did not realize she had taken anything until they were outside the store. The security police came to my home today and decided to ban my son from all services on base for 6 months because he did not report the crime. The commander had already set the punishment even before he gave his statement. Can they do this since he did not take anything?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

They can...that is, the commander has the authority to limit access to base installations if they desire.

And they can do so, if there is evidence to support the decision.

Now...the commander can not be arbitrary. That is, the commander must be fair and impartial in their decisions. So, if you believe that in this case, the commander was not treating you (your son) fairly, then the service member can request to speak to the commander directly. IF, after speaking to the commander you still believe the commander is not treating you fairly, the service member can file an IG complaint against the commander...this would elevate the matter up the chain of command to the next commander for review.

But I caution, the commander has this authority...they have the power to ban individuals from the exchange without a formal hearing. So unless there is evidence that the commander is acting unfairly, a complainant is not likely going to help.

Sorry to have to bear bad news.
Customer: replied 4 years ago.
Thank you for your answer. I am a DOD Civilian employee with my own commander. He has offered to talk to the other commander who made the decision and see if it will help.
Thanks for your fast response.
Welcome. Best of luck with this fight.

Let me know if you have more questions...happy to assist if I can
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