Question:

How long can the military keep you on lock down without proof of a crime?

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My boyfriend just got out of Afghanistan after a 15 month deployment. He finally got back to his duty station in Italy, and had planned on taking leave on August 19th. Then, he found out that his name had been brought up in a burglary investigation back in Afghanistan so they're keeping him on lock down. That means he can't wear civilian clothes, he can't drink, he can't go off post, and he can't take leave.

He had nothing to do with what happened, so how long can they keep him there? He's supposed to be on his way back here on leave in 2 weeks.

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9 ANSWERS


  1. Guantanamo is a legitimate example of the power the military can exert on people's lives. They deny habeus corpus and the bush administration is helping to destroy our rights in many other ways. Just look at all the freedoms that were lost after 911 in the name of keeping us safe. But in answer to your question. They can keep him in lock down for as long as they want to. When you sign your life over to the military they "own" you.


  2. There is no limit because he is not in confinment, meaning the brig, he is restricted to base.  He can be kept in that status until the investigation is over; yes he ccan be kept after that if the investigation is still on-going when his discharge date comes up.  There is limits on how long hecan be kept in custody (meaning stockage/brig) without charges but he is on a restricted status so those limits do not apply.  A civilian can be told the same thing when they are being investigated for involvement in a crime-cannot leave the city or state without notifying authorities and so so.  Alice RN the military has never had the Constitutional rights of a civlian from the day the Constitution was signed; the Constitution was written to allow rules for the military including rights to be determined by the government and that is how it has always been and the UCMJ predates President Bush by many many years.

  3. Mykayla,

    Military justice in this case is very much like civilian. There is a limit to how long he can be held like this - I cannot recall how long it is. However - he is not locked up. He has mobility, just not off base. If they were seriously concerned about his involvement he would be locked up. What is occurring is called an Article 32 Investigation.

    It's best he not drink. In my experience sometimes when a military member found out they were under investigation they went out and got drunk, and then did some really stupid things. Something minor then became something major. So, actually, they are doing your bf a favor by keeping him out of further trouble.

    "Ranger"

  4. your entire life,  guantanamoe bay is full of them

  5. until they are done investigatin and everything

  6. until the investigation is completed and he is cleared of all charges.  if he isn't cleared by the time he is supposed to go on leave, he will not be permitted to do so.  

  7. Poor baby, he can't drink?  Too bad, too sad.  I hope this experience will help him sober up really well and consider what he's doing with his life.  It's the military - they do what they want to.

  8. Until they deem there investigation over.  And trust me that could be a slow process.

  9. until they either clear him of all charges or they arrest him...since it happened during a deployment the military takes that very serious it is consider war profiteering..they will not only have to talk to other people in his unit but they will also have to talk to the civilians that might of seen something...this is a long process...

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