When responding to or appealing a barment letter it is important to have an experienced counsel on your side. Federal criminal law prohibits individuals from entering on a military base unless otherwise authorized. See 18 U.S.C. 1382. The maximum punishment is fine, and confinement for not more than 6 months or both.
Civilians who may pose a threat to the military community on base are likely to be denied base access. This includes contractors and family members.
Generally, you have a right to be notified of barment, right to review evidence against you, right to provide responses, and right to a fair and impartial consideration.
Violating base access denials may lead to criminal prosecution for trespassing on a military base. This could include a federal conviction and confinement or both.
No, your presence on a military base is entirely discretionary. However all agency decisions must be fair, supported by evidence and follow the applicable laws and regulations.
You may consider retaining an experienced military counsel to assisting you with preparing persuasive responses and submissions and developing evidence to support your arguments explaining why you should be granted base access.
Ever since the 2013 Washington Navy Yard shooting where 12 people were killed, the Department of Defense has implemented new directives and regulations to better control and manage base access, and to allow for barment appeals. An experienced counsel will help you to navigate the rules, meet the deadlines and develop facts in mitigation, extenuation and rebuttal.
This manual establishes numerous criteria determining fitness or unfitness to enter on a military installation and how to appeal barment letters and base access denials.
Individuals may receive a barment letter and base access denial notifications if:
- they are listed on the National Terrorist Watch List
- they are illegally in the United States
- there is an outstanding criminal warrant of any type
- their business pass application contains false information
- they had a felony conviction in the last 10 years
- they are a registered sex offender
- they have been found guilty of felonies of sexual, gang-related, supremacist, extremist, or violent nature
- they have been found guilty of drug related crimes
- they have been denied access/barred
- they received a dishonorable or bad conduct discharge
- they have engaged in any other behavior that may cause concern for physical security or environment of the base
Base access denials may have serious consequences. This may include:
- early return of dependents
- being unable to access retired benefits
- being unable to access VA benefits
- being unable to work on base
- being unable to live on base
- being unable to contribute to the military community on base
An experienced counsel will assist you in providing comprehensive responses and legal analysis to allow each base commander to understand your particular situation and why you should be granted relief.
CASE RESULTS CONCERNING BARMENT APPEALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. IN EACH BASE ACCESS DENIAL CASE DIFFERENT LAWS AND FACTS ARE APPLICABLE.
Service member's child engaged in misconduct on base related to substance abuse. Action: Developed extensive evidence in mitigation and extenuation to demonstrate that the same situation would not happen again. Result: Service member's child was allowed to continue to live with his family on base and the family did not have to move.
Military civilian was denied base access in Central Command area of operations (CENTCOM AO) for creating a hostile work environment. Action: Analyzed the allegations and developed additional evidence and to show strong work ethics. The initial request was denied, so appeal was pursued. Result: Base access denial was terminated .
Civilian with no association to a military base needed a waiver to access a military base because of his civilian conviction. Action: Developed extensive evidence in mitigation and extenuation and made compelling and persuasive arguments. Result: Service member was allowed to enter on base.
Military dependent was found to be in possession of a controlled substance and prosecuted by a prosecutor in a District Court and faced base access denial. Action: Developed additional evidence and the prosecutor recommended to dismiss the charge. Result: Service member was allowed to work on base.
Pentagon Law Office specializes in correcting military records and military pay claims at the U.S. Court of Federal Claims and Boards for Correction of Military and Naval Records, and other DoD entities offering legal remedies. This includes barment appeals and base access denials, retirements, promotions, discharge upgrades, separations, DFAS debt, derogatory information, security clearance matters, grade determinations, cadet evaluations, titling, debarment, expungement, clemency, Family Advocacy matters and related matters.
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