Can I Appeal an Instillation Barment Letter from a Military Commander?

In Military Lawby johncannon

Yes, whether you received the notice in writing or were simply told that you are barred from an instillation, you have the ability to appeal or respond to an instillation barment letter.

1. What is an Instillation barment letter?

Military commanders have the responsibility and authority to limit and prohibit individuals from access to the military base they command. Specifically, Title 18, Section 1382 empowers military commanders to prohibit individuals from entering a military base or specific areas of the base. A barment is an action taken by a debarring official, usually a base commander. The commander acts under the applicable laws and regulations to bar or exclude a person or contractor from entering the military instillation. Additionally, contractors can be barred from participating in the Federal Acquisition Regulation.

Once a person or business is barred from an instillation, the instillation commander a designee or the Staff Judge Advocate will draft a barment letter and serve the barred individual with a copy. An instillation barment is only one tool that commanders can use to exclude a person from the instillation; however, it is the most common tool used by base commanders to prohibit individuals from base access for relevant civilian misconduct or criminal allegations.

2. How long can an Instillation Barment last?

The length of an instillation barment action can wary widely from a couple of days to indefinitely. However, the length of each individual instillation barment depends on the situation, the allegations giving rise to the barment action, and the commander’s intent. Three types of instillation barment actions exists and any barment will fall under one of the following three categories:

  • Temporary Instillation Barment: a temporary barment action is “temporary” and will usually last several days;
  • Intermediate Instillation Barment: an Intermediate Instillation Barment is more substantial and is intended to allow the matter to come to resolution, before the party is let back on the instillation. These barment actions last between roughly 30 days to three (3) years; and
  • Indefinent Instillation Barment: An indefinite instillation barment does not have a termination date. These barment actions are typically reserved for conduct that the base commander fears will never make is safe to allow the party to return to the base.

The type of barment and duration depend on a number of factors; however, no matter the circumstances, you should follow the next steps:

3. Know your Rights in a Barment Action?

The first step in any barment action is to request reconsideration of the decision for barment. Your chances for a positive outcome in your barment action will be greatly increased by retaining a military law defense attorney. Whether you retain a military defense attorney or go on your own, you must present information, facts, or legal issues for the commander’s consideration.

An experienced military law attorney, such as the JAG attorneys at Cannon & Associates with decades of military law experience, can help you identify legal issues in your barment action and speak to the concerns of the commander. Additionally, federal agencies have administrative processes to seek separate consideration. You should seek the counsel of experienced military defense counsel to respond to your installation barment action with military experience and a voice that the instillation commander will recognize and respect.

What should you put in your Instillation Barment response?

Your response to the military commander’s barment letter, should address the commander’s concerns and fears about your presence on his or her instillation. If you have a barment action for a DUI, you should address the concerns of your drinking and driving or safety on base, without making any admissions that can negatively impact your DUI. If you have a barment action for an allegation of stealing military equipment, you should defend your innocense, as apporpirate, and state you are taking the proper steps to defend your case.

Regardless of the basis for the barment action, it is in your best interests to offer to abide by any conditions set by the instillation commander. An experienced military defense attorney will know what the commander is concerned with and will be able to help form a response that addresses those concerns, while affording you the opportunity to continue to work on or gain access to the base.

You should have an experienced JAG or military law attorney review your barment response before submitting to the commander. At a miminum, you should address the following:

  1. Respond to the allegations
  2. Identify the steps you have taken to respond to the barment
  3. What you plan to do to ensure the issue leading to barment won’t happen again
  4. Reasons why you are requesting the barment be lifted, i.e. your employment
  5. What steps you will take for instillation safety once the barment is lifted
  6. Provide letters of reference from instillation specific military members
  7. How the commander can reach you or his designee can reach you

Contact – Cannon & Associates: Oklahoma Military Law Attorneys

Experience matters when you are facing Barment from a military base in Oklahoma. It is important to know the Oklahoma military lawyer you hire is dedicated to your cause and versed in all aspects of military law in Oklahoma. Cannon & Associates is dedicated to Fierce Advocacy and will fight for you. John Cannon and Doug Elliott are both JAG with substantial experience with base commanders and barment actions. The entire team at Cannon & Associates is dedicated to your success. Contact Cannon & Associates to protect your rights and fight your Barment case in Oklahoma with attorneys with decades experience as JAG attorneys and working with commanders. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.