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Step One:
Comply with the order and wait a week or so and go to the Provost Marshall Office (Military Policy) and check if it has been sent to them.
- If so; it will be sent to the State Investigative Bureau (CONUS-that your base is located in; OCONUS-see SOFA Agreement for that country) and the FBI for inclusion the National Crime Information Center searchable databases; these databases are comprised in the National Instant Criminal Background Check System (NICS) comprised of the National Crime Information Center (NCIC), the Interstate Identification Index and the NICS Indices, which contains information on people who are are prohibited from receiving firearms by federal or state law.
- If not; this was likely a scare tactic or an entrapment attempt.
Step Two:
Adhere to the order at all costs. In my situation my Company Commander (who issued the MPO) ordered me to participate in a Urinary Analysis and one of the individuals bogusly listed as a protected person on the MPO was standing in the middle of the receiving room to perform the test. I had previously expressed my concerns about running into one of these people prior to the event. It was a clear set-up. I immediately began fast-walking out of the building and notified the Inspector General of what transpired. Do not allow yourself to get set up.
- The written MPO trumps any other order verbal order as it is punitive and any violation of it only takes a verbal complaint (remember they are “alleged victims” and an allegation is a only a verbal accusation) in the Military to substantiate (there is no due process involved, even if its investigated). Do not give a corrupted Commander legitimate ammunition (see Step Three) to UCMJ or Court Martial as in the 2022 Court Martial Covid case for more information (see ACCA Case #20220213, U.S. v. 1LT Mark Bashaw).
Step Three:
Be vigilant! If you are ordered to a building where a named person (in the MPO) works, for the aforementioned UPL or any other official duty, ensure that you email the Commander (that concocted the MPO) that you are concerned that you may run into one of those people and request to bring an escort of your choosing.
- Remember this MPO serves two functions; 1) it bolsters the bogus charges against you in any investigation and, 2) it provides the Commander a long time frame through which to put you in ethical dilemmas to adhere to conflicting orders.
Step Four:
Be detailed! Document the entire experience in detail (with quotes preferably) on a personal computer while it is fresh in your mind. This acts as a historical time-stamp for future use, if needed. DO NOT fall prey to this.
- Always prioritize the MPO over any other order and send a detailed email (don’t call) the Inspector General to preserve evidence of your compliance with the MPO (for possible Article 138 redress, IG Investigation, Army Board for Correction of Military Records (ABCMR) or civil judicial actions).
Step Five:
Get documentation of the Commander’s decision to lift the MPO. Note the date of expiration in an email to anyone and email Commander for a response related to his/her decision; do this for as long as it is enforce to document the bogus decisions.
- Until the MPO is lifted follow step Two; do not let a Commanders ineptitude to follow regulations or corruption, by letting you think it is fulfilled, get you entrapped into a UCMJ or Court Martial offense.
Step Six:
Keep the final documentation indefinitely! Once lifted ensure you have an email or appropriate paperwork for future use (same possibilities as mentioned in Step Four).
- Without this document or email, documents can be forged and backdated to have you entrapped still or affect these future venues.
Step Seven: (optional, but prudent)
Avoid the Commander or any of the people named in the MPO at all costs. If they lied to create this bogus situation and the Commander went along with it, they will not subside in their hatred of you (and your Commander doesn’t think much of you either); this is true especially if they went to this length (to lie) to set you up.
- If you must interact with them, ensure you have a confidant or document the interactions in detailed emails (to yourself if need be) soon after (for a time stamp). This is time consuming but worth it if (and likely when) they decide to lie about you again and you can use them in court or with ABCMR.
For additional reading see:
- Legalreader.com: What to do when faced with a military protective order?
- Fort Benning JAG: Military Protective Orders Factsheet (PDF Download)
- FBI: Guidelines for Domestic Violence Protection Orders, Extreme Risk Protection Orders (ERPO), and Other Court-Ordered Firearm Restrictions: Employing the National Crime
Information Center (NCIC) and the NICS Indices to Enhance Public Safety (PDF download)
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Part of the “Office War” series: MPO