Can commander restrict you from your residence?

2015-06-23T18:51:03-04:00

No ucmj or legal action in place just a 4856 states not to go home can they do that? where can i find the regs onthis?

Response by CW4 Pam Collins made Jun 23 at 2015 6:59 PM

2015-06-23T18:59:33-04:00

For what reason have you been told not to go to your residence, if you don't mind me asking.

Response by SSG Trevor S. made Jun 23 at 2015 7:00 PM

2015-06-23T19:00:41-04:00

The commander can administratively revoke a pass. This can effectively result in "cannot go home".

Response by CPL Private RallyPoint Member made Jun 23 at 2015 7:13 PM

2015-06-23T19:13:43-04:00

came home drunk the mp's came and took me to get my blood tested I was obviously drunk so they told me to not go home. But this was the 15 of May. And they are still saying I cannot go home. It has been over a month. There is no restraining orders or ucmj action I am not in ANY TROUBLE My command is just telling me not to go home.

Response by SFC William Swartz Jr made Jun 23 at 2015 8:06 PM

2015-06-23T20:06:11-04:00

Yes they can, but usually it involves an investigation into or report of some sort of domestic violence. You need to find out fully from your command why it is that a month later you are still being told to not go home, and I am assuming that the unit is providing some sort of "housing" for you. If you get the same response with nothing added to the reason then I would seek advice from both the JAG and IG.

Response by CW4 Private RallyPoint Member made Jun 23 at 2015 9:17 PM

2015-06-23T21:17:51-04:00

A CDR can legally keep someone from their residence based off the circumstance, such as an domestic issue that may cause harm to the Soldier or the spouse. This usually follows an incident of that nature or the possibility of a future incident based off reliable information of a possible domestic issues may happen if left unprevented. good CDR's will get JAG involved to ensure that what they doing is legal and documented.

Response by SGT Richard H. made Jun 23 at 2015 9:22 PM

2015-06-23T21:22:58-04:00

Yes, he can restrict you from your residence if he has reason to do so (suspected spousal endangerment, for example) and yes, if he doesn't have solid ground on domestic issues he can still restrict you from your residence in the more roundabout way of restricting you to the barracks.

Response by SSG (ret) William Martin made Jun 23 at 2015 10:45 PM

2015-06-23T22:45:45-04:00

There's a thing called a "no contact order" and it can be up to 72 hours meaning your commander can put you in the barracks. As an MP, I have dealt with this with other Soldier of types of ranks.

Response by MSG Private RallyPoint Member made Jun 24 at 2015 10:46 AM

2015-06-24T10:46:55-04:00

I would use JAG for counsel. They will ensure that you are not violating UCMJ or the Soldier's rights.

Response by SP5 Lori Pong made Aug 30 at 2016 1:43 PM

2016-08-30T13:43:54-04:00

Actually, the answer is yes (limited). It depends on where your residence is. If you get an Art. 15 (or higher) you can be restricted to base. If you live off base then during the period of your restriction you will have to stay in the barracks.

Response by MAJ Karl Knutson made Jan 31 at 2017 11:10 AM

2017-01-31T11:10:09-05:00

The CRD can pull your pass which would restrict you to base without UCMJ action. Although we don't have formal pass cards it is still in AR600-8-10. You would have access to the limits of your post and although you don't need to show your pass card when going out the gate if caught off post you would be subject to UCMJ action.

Response by Sgt Heriberto Salinas made Mar 21 at 2017 4:12 PM

2017-03-21T16:12:35-04:00

Yes, your commander can, regardless of whether he or she is a good money manager or not. Which means, they have to help manage the branch budget.

Response by CPT Private RallyPoint Member made Aug 13 at 2017 4:40 PM

2017-08-13T16:40:31-04:00

I am guessing it's a FAP issue. If Yes, then they can. I currently work at FAP and when there is a domestic violence report, I call the command to notify them. The first thing we tell a command is to issue a 72 hours no contact order. So regardless of who is at fault or the fact nothing has been proven yet, the Soldier (Male or female) is the one who gets removed. It's a safety issue and the command can only control the Soldier. That 72 hours no contact order can then turn into 30, 60,90 etc. Days order of protection depending on gravity of the situation and what FAP suggests