Member Submission: Barrment from Military Installations/Bases
The following was sent in by a Member. If anyone had a similar experience, please share so he can work towards resolving this issue.
I retired from the Navy in Dec 2000 due to my impending legal issues. I received a full retirement, as I had already completed over 20 years of service. In June 2001 I had my day in court and my journey on the registry began.
Here in Jacksonville the Naval Hospital is located on the Naval Air Station. So every time I had a need for a service from the hospital I would show my identification card (ID) and zip onboard the Base. I have easily gone onto the Base 100 times since my retirement. Never an issue…well until today.
I arrived at the front gate of the Base about 7 am to ensure I would be early for my scheduled 745 appointment. I presented my ID and was told there is a problem, would I pull over to the area designated for “problems”. Apparently in 2011, Patrick Air Force Base in Canaveral placed a note on my account barring my entry to their base which meant I now barred from ALL military installations. After a number of Security personnel came over and asked questions, one of them made a command decision to escort me to the Hospital for my appointment; with the understanding I would get in touch with Security to figure out what flagged my ID card. I had a sneaking suspicion I knew what was going on.
A call to the Security Officer, a call to security at Patrick AFB and it was confirmed that my status as a Registered Citizen put me on a “Do not allow access” list. SOOO, since 2011, I have been gaining access to the Base ILLEGALLY. Yep, my 10 plus visits for my wife to the ER, ILLEGAL; my 30 days in the ICU, ILLEGAL; my 16 visits for inpatient/outpatient procedures, ILLEGAL; you get the idea.
As the last medical appointment was finished, I found two Security Officers waiting to escort me across the Hospital to the Security Office. Totally degrading, completely a walk of shame. Once at the Security Office, I was presented a letter on behalf of the Commanding Officer denying any access to the Base. If I attempt to gain access to ANY military installation I will be in violation of TRESPASS of a FEDERAL FACILITY/INSTALLATION. Title 18, Section 1382 empowers military commanders to prohibit certain individuals from entering on military base, or even in a region or area. A barrment is an action taken by a debarring official, usually a garrison commander, under the applicable laws and regulations to exclude a person or business from entering on a military installation or participating in contracts under the Federal Acquisition Regulation. Once a person or business is so excluded, it is considered that such person or business are debarred. https://www.avvo.com/legal-guides/ugc/how-to-appeal-a-barment-letter-from-military-base
Then, I was escorted back across the Hospital by another Security Officer to get back to the car. That Officer then followed my car off the Base.
I currently have no idea what am I supposed to do about my medical benefits that I pay an additional premium to get handled on the Base? I have lost access to my primary care DR, the Pharmacy, as well as all the other services the Hospital offered. How do I take care of getting my spouses ID card replaced later this year when it expires?
I share this experience because I know there are some others that are retired military or have access to a military installation to just beware, Barrment from one Installation will most likely result in barrment from ALL Installations.
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From everything I have learned and experienced, the VA is VERY receptive to registrants. They do not differentiate between registrants and others who go to the VA. I would highly recommend the VA for you.
The bases are starting to push away retirees from the base medical facilities due to a lack of funding.
My husband is retired military, having received most of his health care from a large navy base. The VA healthcare in Gainesville is far superior to what he received at the naval base. In fact, a man who is high up in the VA command, said that the Gainesville VA is second only to Walter Reed.
Like you, my husband served two tours in a war — the Vietnam War. As a pilot, he flew every other day into combat, being shot at for a war that should never have been fought, or at least not the way the military was allowed to fight at that time. He and his fellow pilots knew that, but they still did what their orders said they must do. If this country ever decides to start breaking their promises to these men and women, then there will be no hope for the USA. So you should be fine if you have access to one of the better VA’s.
There’s a veteran in my Jacksonville SO treatment group. He feels the VA is providing him excellent care in Gainesville (and they even cover his mandatory SO treatment).
It sounds like it is time for a complaint to your senator/congressman. As a retired service member, you know the power of a complaint to one of them. As this is an election year, you might have this overturned in no time.
Good luck brother.
My brother, I can feel your pain as if it is my own. It is not fair that after you paid your dues to this country, something few would ever understand, you are treated less than a third class citizen. That being said, there is not much you can do in that respect.
Garrison commanders follow the law to the teeth and on top of it, they add few touches to ensure that they are covering their rear end, why?..because in their minds, if something, God forbids, happens due to an action on your part inside the installation, then, the IG that will be investigating (and the CID) will note that the commander had implemented a strong compliance plan, they would not be at fault for your actions and that it was you who failed to follow through.
Now, when it comes to the VA side of the house……you can get medical treatment, it will not be like in the military base, but still is medical treatment. At the beginning, it will not be free, you will be paying a small deductible for any medication you are taking and that the VA will be giving you while at the same time, you will need to submit a claim for your disabilities. Once you get a rating, then you pay nothing from that moment forward. Your wife and yourself can get medical insurance, but you have to be rated 100% Disabled Permanent and Total before she qualifies for that insurance. It will be a long uphill battle, but if you need some advice, please feel free to contact me.
I hope all this abuse derived from the registry one day is a thing of the past. I hope that we at least, will have some breathing air left enough to see that moment coming to fruition…….
VA will take care of you no matter where you are – and without charge. I got my husband enrolled in VA care prior to his prison release in 2007, and he has been well cared for there without a hitch since. Of course, this means your wife will need insurance and, at age 65, she will qualify for Medicare Advantage. Here in AZ, we have Medicare Advantage with no monthly premium and, on most policies, no copay for Primary Care Visits. My husband and I each have a new Med Advantage United Health Care policy with no copay, see any doctor, any facility, $1000 dental, specialist visits $40 copay, etc. I hope this is helpful. Husband uses this as a backup for his VA, if needed.
#1-Thank you and bless you for your service. Nothing any of us has done in a moment can take away what you have done for our country…EVER!
#2-I will pray for you, and for all of us.
#3-Get an attorney NOW.
#4-Contact the governor, contact the president. You are one of our precious few citizens who risked their life and gave up so much, along with your family. Someone has to see the injustice here. It’s horrifying. But consult with an attorney first due to the fact that you were unknowingly barred but went on base anyway. We all know that we are supposed to look at our crystal balls everyday to see what has changed that we haven’t been notified of.
#5-GOOD LUCK!
My prayers are with you.
Hi brother- I am so sorry this happened to you! I know the feeling, the shame, the mortification, it is hard to bear…especially because it is so unjust.
All I can do is offer to pray for you and trust that God has a plan for all of this. I also wonder if you should contact an attorney?
We have reached to our contact at the VA who is already on this.
She mentioned that he (or anyone in the military) can always access health services at the VA, which cannot turn persons away.
That said; we understand why he would want to continue with his primary doctor, etc. so more to come…
Our VA contact wrote, “any Veteran with a felony conviction is not allowed on base.” Likely, nobody bothered to check in the past, but in this case, someone did and you were “tagged” as ineligible to access.
Current reasons for denial of visitor access include anyone who:
• is currently on probation or parole
• is registered as a sex offender
• has a history of gang affiliation
• has an extensive criminal history
• is currently on the terrorist watch list
• has an active warrant
• is currently barred from any U.S. military base
• has a felony conviction for murder, assault, sex offenses, and other serious felonies
Read more: https://www.jobsforfelonshub.com/can-a-felon-get-on-a-military-base/#ixzz6N5IHG9tL
I shared this experience to prepare (if possible) others for the impending problems of access to any military installation. Once I removed the emotional feelings from yesterdays event a few things ring as my truths.
1) I have been made aware FORMALLY I am not allowed back onboard the facility. I will have to find other ways to replace the services I was receiving at the Naval Hospital.
2) Hiring a lawyer to contest Title 18 Section 1382 will be expensive and most likely ineffective. I am not declaring surrender, but like everyone, my finances are always not enough.
3) I am worried that if I am barred from military bases, what other federal locations are next? Will the VA? Will State and National Parks?
From the emotional perspective. Before I got into trouble back in Dec 2000 I was near the top of the enlisted ladder, leader of men, when I spoke the number of sailors who wanted to be first to answer my call was amazing. In one day that changed and I was allowed to quietly disappear and retire from the Navy without any discipline or fanfare. THAT was a blessing. Back then all the entitlements of being retired were still mine to enjoy.
I have been retired right at 20 years. I dont wear the hats that say RETIRED NAVY, I dont have any indicators on my vehicle, I dont even have a VA loan. Those things are not important to me. The walk of shame through the hospital, being escorted, brought it all back. Thankfully my head is in a much better place to cope with this.
I do wonder if, when the Ex Post Facto is found to be unconstitutional (notice the positive) will Title 18 be modified?
AND I do have a means to contest the being barred from Bases/Installations. I dont think it has a chance in hell to succeed but I will be doing my research and generating a letter to the General that initiated the barrment process.
Big Al,
We appreciate you bringing this issue to our attention, your courage in talking about it, and naturally your service to our country.
I wrote to you privately with copy to the liaison we have at the VA and assured you that the VA would take care of you. The reality is that military bases can exclude people convicted of felonies. I don’t know that this was anything personal, it is policy and it’s likely a security issue (for some types of felonies more than others)>
OUR Ex Post Facto case challenges the Florida registry, so that would impact Florida Statutes, not US Code. For purposes of AWA/SORNA you might want to find out what Federal Tier you fall under and see if you can petition for removal from the FEDERAL obligation and then somehow get yourself back on the base. Or you might want to check out the services of the VA and spend your money on a vacation and enjoying retirement.