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Hi there! I have some...
Hi there! I have some questions I am hoping you have the answer to, or could help with. My husband recently got a DUI he is a private in the army, with a history of misconduct. Once he got his DUI his commander and 1st sgt have restricted him to post and revoked his driving privileges. He is not under UCMJ. He has not received an article 15 and it's been about 50 days. They have told him that he will not be able to leave post until he is out of the army. Is this okay for them to do this?
Submitted: 11 months ago.Category: Military Law
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Answered in 19 minutes by:
8/13/2017
Military Lawyer: Michael Bradley, Lawyer replied 11 months ago
Michael Bradley
Category: Military Law
Satisfied Customers: 1,483
Experience: Owner at The Protection Group LLC
Verified
As he is a member of the military at this point until sometime when he is not a member, yes his superiors can restrict him to the base. They may be simply waiting to see what happens with the DUI charge before they process the Article 15. I am guessing they're waiting to see what happens with the DUI before acting. However, a short answer to your question is yes he can be restricted to base for the duration that he is still a member of the army.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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