Posted on May 14, 2018
Regarding DoDI 6400.06 (Page 8, 6.1.2.5.3), can the military delete a term in regards to the MPO/CPO?
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So My friends are having issues with DoDI 6400.06 page 8 and basically all of that... command has done nothing to follow the instructions, infact they have done the complete opposite. And to top that it took them 36 days to get a copy of the mpo that was issued by a Capt with no domestic background at all, and literally did not even contact the victim at all in regards to helping their needs be met when she issued a mpo, that contracts everything their civilian one states... spoke to jag and they support the commands choice... what can we do to help them as there cpo states allowed contact and mpo no not even 3rd party?
JAG
Command
Help
Posted >1 y ago
Responses: 1
I'm completely unclear on what you're asking. Do you mean that the CPO states that the Service Member is allowed contact with the spouse, but the MPO says that they are not, even through a 3rd party?
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William Beltz
No cpo allows contact just that he had to move she stayed in home.
And then the captain issues a mpo that says no contact whatsoever.
And then the captain issues a mpo that says no contact whatsoever.
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LTC Kevin B.
William Beltz - I don't see a problem. The MPO is more restrictive (regarding contact) than the CPO. The conflict would be if the CPO said no contact, but the MPO then turned around and attempted to allow it. That would be a major issue. You can "add to", but you can't "take away from". The MPO added restrictions on contact, but it did not take away restrictions on contact.
"6.1.2.5.3. A commander may issue an MPO with terms that are more restrictive than those in the CPO to which the member is subject."
"6.1.2.5.3. A commander may issue an MPO with terms that are more restrictive than those in the CPO to which the member is subject."
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William Beltz
Yea understand that but above it it states a mpo shall not contradict the terms issued in a cpo.
That being said we contacted the dod personnel and readiness office to Explain more in depth. And they stated:” instructions are written from top to bottom, meaning the instruction above shall not contradict takes president over the terms more restrictive”. Also stated “that if in a cpo it says you can have contact, than yes they can be more restrictive and add to it, by ex no threading contact, but to contradict and remove contact all together is not in the instructions as military courts are not set up or designed for domestic issues and referred to civilian courts.” As the 29 year old captain with no domestic training whatsoever contradicts the instructions even as stated by the dod office of personnel and readiness, that’s where the issue arises.
That being said we contacted the dod personnel and readiness office to Explain more in depth. And they stated:” instructions are written from top to bottom, meaning the instruction above shall not contradict takes president over the terms more restrictive”. Also stated “that if in a cpo it says you can have contact, than yes they can be more restrictive and add to it, by ex no threading contact, but to contradict and remove contact all together is not in the instructions as military courts are not set up or designed for domestic issues and referred to civilian courts.” As the 29 year old captain with no domestic training whatsoever contradicts the instructions even as stated by the dod office of personnel and readiness, that’s where the issue arises.
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LTC Kevin B.
William Beltz - I don't see the military restriction (on contact) as being any form of a contradiction to the civilian order. Does the civilian order explicitly say "All forms of contact are allowed"? If not, I still believe that the military order is more restrictive, but is not contradictory.
All of this is speculation though. The lawyers and the couple need to battle it out, given that they are the only ones who have the full information set. I can only go off what information you've provided, which isn't the complete information set (and thus doesn't sound to me like a conflict).
All of this is speculation though. The lawyers and the couple need to battle it out, given that they are the only ones who have the full information set. I can only go off what information you've provided, which isn't the complete information set (and thus doesn't sound to me like a conflict).
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