Absolutely legal. The command can restrict any Soldier as punishment on an Article 15 regardless if they live off base or not. The command has to provide a room for the Soldier in the barracks during this time. I have seen this done on a few occasions. Usually when the Soldier has done something significant.
The command normally does not take the Soldiers BAQ while he is in the barracks on restriction.
The command normally allows the Soldier, while on restriction, to meet with their family in the day room, PX, or some neutral place on base. Many times I have seen the Soldier restricted to the battalion footprint, plus place of worship, mess hall, and place of duty. They can also limit the time they can visit also.
It doesn’t happen a lot that a married Soldier is placed on restriction, but it does happen and is perfectly legal.
As an example I did have a battalion commander who put everyone on restriction, regardless of their living/marriage situation. His thought was, if I put a single Soldier on restriction for an offense, why shouldn’t I put a married Soldier on restriction for the same offense?
ECK is one of our SME’s Please Note: “ECK is not an attorney. The opinions expressed are my own and are not to be in anyway interpreted or inferred as legal advice.”
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TOP
Comments
Spc Kissee
Can I receive “post restriction” from an NCO without having received an article 15 and what is the regulation for it? I realize this post is several years old
Mark Gerecht
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
Only a commander can revoke pass privilege (stop you from going off post), NCO recommend, commander’s implement. See video at: https://www.youtube.com/watch?v=YJQ2r6o9J48
and https://www.youtube.com/watch?v=aQ-E26CJ9O8.
HOPE THIS HELPS
Please call me at: 256-722-9682. I have information that might help if the chain of command is willing to give the Soldier another chance.
Respectfully,
TOP aka WORF
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SPC Doe
This post was 3 years ago but I’m wondering if if there is a regulation on the commander restricting a soldier to post if they don’t have an article 15 pending or anything? If they are restricted to post, is the commander suppose to assign them to a barracks room or do they not have to?
Mark Gerecht
Commanders can revoke pass privileges and prevent Soldiers from leaving post. Even those that are married and/or live off post. They usually put Soldiers in the barracks who live off post. Some Soldiers will refer to this as restriction but it is revoking pass privileges and is allowed in some cases.
Hope this helps
TOP
Sgt snuffy
I know that this post is 4 years old, but I wanted to know if these days have to be consecutive days? My commander is giving me 14 days restrictionists but says that weekends and holidays only count so I’ll be confined with extra duty on paper for 14 days but in reality it will be closer to 10 weeks. Is this really something he can legally do?
Mark Gerecht
Bottom-line: The restriction must run consecutively it cannot be broken into piece. Here is the reference
AR 27-10 3-19(8) (8) Combination and apportionment. With the following exception, punishment authorized under UCMJ, Art. 15(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same nonjudicial punishment proceedings, to run either consecutively or concurrently, except that restriction and extra duty may be combined in any manner to run for a period not exceeding the maximum duration that can be imposed for extra duty, by the imposing commander. Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b. (See para 3–21c, below regarding the circumstances when deprivation of liberty punishments, imposed in separate nonjudicial punishment proceedings may run consecutively.)
Punishment must run concurrent and from the day it starts it will run 14 days and cannot be interruptions still count unless it is the Soldier’s fault?
Mary
Can a commander restrict you to post until further notice while living off post? My commander has restricted me to post with no time frame.
Mark Gerecht
This response is provide based on the information you provided. You should not use this information to make a decision. Seek guidance from your chain of command, JAG, and/or the IG. Do your own research. Then make an informed decision.
Did they restrict you? This is usually done under UCMJ. Or did they revoke your pass privileges. The Commander can revoke pass privileges for a substandard performer. This will usually remain in effect until the offending Soldier has corrected their substandard performance. You might consider asking your chain of command what actions must you take to have your privileges reinstated.
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