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What is the appeal process for Federal (DoD) employees that have been barred/banned from an OCONUS Contingency country?

Alexandria, VA |

U.S. Civilians (USG & contractors) accompanying the forces fall under the UCMJ. Federal (DoD) employee has been permanently barred/banned from Afghanistan based on alleged violations of UCMJ article 92 and 117. There is no evidence or witnesses; it is one person's word against the other. The Contingency Base Commander (Maj Gen) supported the the senior ranking person and signed the barment notice; permanently barring the DoD Federal employee from the OCONUS Contingency.

Attorney Answers 2

Posted

None. Commanders discretion.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

As a general rule barring civilians from bases, for matters of good order and discipline is consistent with a commander's authority under 32 C.F.R. Sec. 809a.1(b) to deny access to subject installations so long as the exclusions are reasonably related to the commanders responsibility (i.e. to preserve good order and discipline). On the facts you provided, I do no see as you have any options but to comply.

Posted

Very little. It is a commander's call who comes on their base, and in OCONUS they have almost complete discretion. You can appeal the proposed bar to the imposing commander, but that is it.

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