Discipline boards protect Soldiers from bad businesses

By Robert TimmonsJuly 9, 2015

They come in all shapes and sizes, from clubs to body shops, apartment complexes to motor home parks. But they all have one thing in common: They take advantage of or pose a threat to the welfare of Soldiers who venture off post.

With the advice of Armed Forces Disciplinary Control Boards at each installation, commanders can declare such establishments off limits.

Fort Jackson currently has no establishments declared off limits -- many of those who call the post "home" are here only for Basic Training and are confined to post, so need little protection from predatory businesses -- but other, nearby installations do. Soldiers posted elsewhere for training or reassignment need to be aware of the appropriate lists.

Fort Bragg, a post with roughly 50,000 more Soldiers than Fort Jackson, has declared more than 100 businesses, mobile home parks and other establishments in Fayetteville, North Carolina, off limits.

Until 2007, many posts listed payday and title loan companies off limits because such businesses charged exorbitant interest rates on short-term loans, as well as high fees and other hidden charges. But the Fiscal 2007 Military Authorization Act made it illegal for such creditors to target Service members and their families.

Fort Bragg and Fort Gordon, Georgia, both list a South Carolina business on their off-limits lists -- 3 Hebrew Brothers. The establishment remains on the lists even after the owners were found guilty of bilking investors out of what the Charleston Post and Courier reported as nearly $80 million in a Ponzi scheme.

Even though Fort Jackson doesn't have its own list, it does have a disciplinary board, said Nick Walker, the installation's AFDCB recorder.

AFDCBs comprise representatives of various agencies on post, including law enforcement, staff judge advocate, public affairs, fire and safety, and health officials. The garrison commander serves as chair, said Walker, a statistical assistant for Fort Jackson's Directorate of Emergency Services.

The board makes recommendations to the post commander.

Army Regulation 190-24 says commanders can declare businesses off limits to help maintain good order and discipline, health, morale, safety and welfare of personnel.

When Fort Jackson has moved in the past to declare establishments off limits, the businesses have closed before the list could be published. Recently a Sumter nightclub was in the process of being proclaimed off limits, but the establishment went under.

Another time, civilian authorities took action before the AFDCB finished the process, Walker said. A smoke shop in Irmo was selling synthetic cannabis (Spice) and was raided just before receiving an off-limits memo sent by certified mail.

Synthetic cannabis, thought to be safer than marijuana, is considered dangerous because of the synthetic compounds lacing it. The Food and Drug Administration has added the material to its list of controlled substances.

The AFDCB goes through a specific process before placing an establishment on the list. First, the board must receive a complaint. Then, board members of local authorities conduct an investigation and mail a memorandum to the offending company, informing it of the problems it causes and potential ramifications if it continues to do so.

The business owner may submit a rebuttal, meet the board or change the behavior.

If the company fails to respond, it goes on the list.

The board can be a useful tool to help commanders lead their troops.

"These boards help emplace standards and discipline," said Lt. Col. Christopher Lane, commander of Fort Jackson's Special Troops Battalion. "It helps commanders shape the standards and discipline by providing quality feedback."

Service members face disciplinary action under the Uniform Code of Military Justice if they conduct business with or frequent a banned establishment.

Walker cautioned Soldiers to check the off-limits lists of other military bases to which they may travel.

"We just had this conversation during the last board meeting," he said. "Ignorance is not an excuse. Soldiers need to know what establishments are off limits in the areas they are in."

If a Soldier were caught in a banned establishment, he said, "it would be up to the command as to what the punishment would be."

Keeping safe boils down to common sense, Walker said.

"If you are going out of the area you need to do your research," he said. "It's preached in the Army to do your recon, to do you safety checks.

"Make sure you know where you are going, and make sure someone else knows where you are going.

"And don't put yourself in (a bad) situation."