Can driving privileges be revoked due to article 15s not involving traffic violations, but just a few misconducts?

2020-08-13T05:44:38-04:00

If so, my SGT is the only one telling me my privileges are still revoked by the commander since January yet I’m positive I would’ve been counseled by the commander or 1SG already, yet I haven’t nor have they spoken of it to me. She keeps talking about missing documents, but all necessary documents were turned into the commander last year before we deployed.

Response by CW5 Jack Cardwell made Aug 13 at 2020 5:46 AM

2020-08-13T05:46:53-04:00

A lot depends on knowing all the circumstances.

Response by CSM Darieus ZaGara made Aug 13 at 2020 6:03 AM

2020-08-13T06:03:07-04:00

Ask to see the 1SG, if your Sgt. Refuses use the open door policy. If the 1SG refuses use the CSMs open door. While you not stating the few misconducts leaves this suspect, it is odd to withhold privelages bear a year.

Response by CPT Lawrence Cable made Aug 13 at 2020 9:16 AM

2020-08-13T09:16:53-04:00

At your article 15 hearing, you should have been given a copy of the charges and the disposition of the punishment. OTOH, driving privileges are at the discretion of the installation commander, who can make up just about any rules he wants within reason. I personally haven't seen a suspension that didn't involve some type of vehicle misconduct, but a base commander can just about make up any rules he wants.

Response by SGT Michael Van Geertruy made Aug 13 at 2020 10:45 AM

2020-08-13T10:45:22-04:00

Yes, especially of your misconduct makes it it clear you can't be trusted to abide by normal article 15 punishments like confinement to the barracks. In the past I've confiscated keys and tires to ensure the article 15 punishment is followed, consider yourself lucky.

Also, remember the feedback you get here will only improve with your details. Did you get in a fight, rob the px, or try to deliver medicine to nuns? Circumstances will change the advice. All we can do now is assume you did something really bad, and the advice will reflect that.

Response by SFC Private RallyPoint Member made Aug 13 at 2020 10:55 AM

2020-08-13T10:55:13-04:00

Any privilege can be revoked at any time for any reason. A privilege means you are not entitled to it

Response by SGM Bill Frazer made Aug 13 at 2020 11:21 AM

2020-08-13T11:21:43-04:00

The Post Commander can and does control driving on Post- they can revoke those privilege's at anytime foe unsafe acts, both civilian and military, like DUI, speeding, etc.

Response by WO1 Private RallyPoint Member made Aug 13 at 2020 12:58 PM

2020-08-13T12:58:39-04:00

Sometimes command tries to expand their reach Or first line supervisors rather be safe than sorry which doesn’t give you excellent clarification such as exact suspension dates, authority, etc...Just speak with JAG.

Response by SSG Brian G. made Aug 13 at 2020 1:44 PM

2020-08-13T13:44:11-04:00

Driving is a privilege, not a right, not something you are entitled to on a post or base. That said, what were the "few misconducts?" Were any of them alcohol related or anything that might remotely involve a vehicle to include missing bed checks, curfew and morning or other formations? This reads as details not given that are not provided that would otherwise shed light on the situation.

Response by SSG Keith Cashion made Aug 13 at 2020 5:27 PM

2020-08-13T17:27:21-04:00

Like the others, there is something missing from this. Additionally, unless your NCO works for the Cdr/1SG, then who is she reporting to. Couple questions come to mind, but were brought up as well, at the Art.15 reading, you were informed of the charges, at that point, you were given directions to speak to TDS as to your rights under the UCMJ. And finally, at the punishment phase, you were told the punishment.

1. Did you understand what you were charged with?
2. Did you go to TDS?
3. Was the greater than 45/45 or confinement?

Once that was completed, flag should have been put into punishment phase. If flag is over 90 days old it has to be reviewed.

Additionally, and this should be where you are looking, is that you get a copy of all your documents.

Missing or misplaced documents is bologna and your NCO is doing you no favors by not getting them for you.
Additionally, Yes the Garrison Commander can revoke you driving privileges on post, but it is done via a memorandum that would be given to you and that you had to acknowledge receipt of.

Response by MAJ John Lavin made Aug 13 at 2020 7:06 PM

2020-08-13T19:06:00-04:00

If you are restricted to your quarters, your Commander can do what he or she wants to regarding your confinement and you have no say at all in the decision. So, for the term of your confinement, you do what your commander says you will do and you like it or you lump it. Remember, you, yes you, signed the Art 15 findings agreeing to the conditions. YOU, no one else, is to blame for what you did to get the Art 15 so be a Soldier, pass the time you agreed to when you signed the Art 15 findings and chalk it up to experience.

Response by CMSgt James Nolan made Aug 13 at 2020 11:11 PM

2020-08-13T23:11:22-04:00

Was that Article 15s, with an “s” for more than one, or multiple and different Article 15?
Your Commander would have told you that your privilege was revoked and for how long.
No Commander wants to set his troops up for failure.
Lost paperwork is not a real excuse.
Go have a conversation with your First Sergeant.