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

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.

Pages: 1 2 3

posted on 11/09/2015 under Q&A
avatar
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..

Disclaimer: Though all content posted on AskTOP.net is reviewed by our qualified subject matter experts, you should not make decisions based solely on the information contained in this post. Use information from multiple sources when making important professional decisions. This is not an official government website.

Counsel Quick
AskTop