Can I be prevented from leaving the post? Isn’t this the same as restriction? | AskTOP.net - Leader Development for Army Professionals
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Can I be prevented from leaving the post? Isn’t this the same as restriction?

I am pending adverse action (currently stationed in Korea). i was arrested for breaking curfew.Long story short I am now restricted from leaving post, I have been pending extra duty etc for over a month and I seem to be getting all the company dirt bag details. It feels like I am serving my extra duty before I get an Article 15. Are they allowed to do this? Also, can my restriction from post run concurrent with my extra duty ?

Pass Privileges verses Restriction

Leaving post is a privilege, not a right.  The Commander can revoke a Soldiers pass privilege to leave post overseas at his/her discretion.  This is not considered restriction, it is the removal of a privilege.

Extra Duty and UCMJ

Extra duty can only be imposed as a result of the Article 15 process when you are found guilty by the commander.  If you have not been read an Article 15 informing you of what charges you are accused of, then you are not pending any type of punishment.  Additionally, if you were given an Article 15 and found guilty, the commander would pronounce your sentence at the same time he/she found you guilty.  Restriction/extra duty normally begins the day of or the day after the sentence is imposed.  The start of the restriction/extra duty can be postponed under certain circumstance, but is very rare.

Dirt bag Details

As far as the “dirtbag details” goes.  If the details are during your normal duty hours and they are not demeaning in nature, there is nothing the command is doing wrong and it is not considered punishment.  Most nasty details are given to the Soldiers who have screwed up.  The command may be using this tactic to see how you respond and may not consider UCMJ action if you respond appropriately. Have a good attitude and tone.  I know sometimes that is hard to do.

Are you Flagged?

Check your ERB and see if you have a flag code.  If you do, by regulation (AR 600-8-2), you should be counseled when the flag was put in place.  If the command has not counseled you, that DOES NOT negate the legality of the flagging action.

You Might Consider:

Approaching your PLT SGT or 1SG under the open door policy to inquire on your status.  However, bringing additional attention to your misconduct may not be in your best interest.  Consider riding out the details, without complaining, and be a model Soldier.  Show the command by your actions, that you are professional and do whatever details you are given to the best of your ability.  It may be the very factor that determines if you receive UCMJ punishment and can be used in a defense as to why your UCMJ punishment should be light.

Possible Discussion with Commander in a UCMJ setting

Sir/Ma’am, I fully understand that I failed to meet the standard for the infraction I am charged with. Since this time and while pending UCMJ action I was placed on 16 details, and completed all of them to standard with a positive attitude, my pass privileges were revoked I followed that to the letter of the law.  I made a mistake that was immature and inappropriate.  I ask that you take into account that I have done my best to make up for my mistake.  As additional corrective action I volunteered to give a class to the unit on the importance of”______________”, in addition I apologized to my immediate chain of command, and would like to present you with this formal apology letter as I know my actions reflected poorly on our unit and potentially caused you to have conversations with senior members of the chain of command.  The gravity of this situation and my poor performance have gotten my attention and I have learned my lesson.  You will not see this type of behavior from me in the future.  I would ask that you consider my past performance, positive attitude and tone, and the high standard to which I completed all the details assigned to me as you consider my punishment.  I would also ask that you consider the following positive things I have done while assigned to this unit or during my career:  _______. Last, I would like to present the following individuals to speak on my behalf:__________

Did you find this information useful? We would appreciate your feedback!

Author’s Note: Much of this information was provided by our Legal SME ECK! Thanks for all your great information ECK!

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posted on 11/09/2015 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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