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I have a soldier that is pending court martial and is command ordered restricted to post. Soldier submitted a leave packet and is under 24 hr supervision for failure to report to formation. Soldier has not been submitted as a flight risk. Is the soldier entitled to take leave? From what I've read a soldier can still take leave if flagged. They just can't request advanced leave. Can anyone help me with this?
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JAG
Legal Services
JAG Legal Services
Posted >1 y ago
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The commander can deny a leave form for any reason he/she sees fit. Leave is not an entitlement, especially if the Soldier is pending UCMJ action.
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SSG (Join to see) if the Soldier is restricted to post, that in itself would not allow him / her to take leave. However, it is up to the command to deny leave and the pending UCMJ, I would think, would be a valid reason for the denial
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SSG (Join to see)
SPC Whitney Olson - I have no problem letting them get married. I was just wondering because the soldier is in trouble, pending court martial and has investigations open on said soldier. Said soldier has threatened to report us if we don't approve the leave but with the series of events that said soldier has done I want to make sure we have all our bases covered.
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SSG (Join to see)
SPC Whitney Olson - I have read every AR and policy letter that involves this situation. The fact that it's a request for leave for a same sex marriage and the soldier is in some trouble is what is throwing me for a loop. I can't find anything that covers a topic like this one. We are OCONUS and the soldier cannot be married here because Japan doesn't recognize same sex marriages.
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MSG (Join to see)
SSG (Join to see) - Which came first? The trouble with pending UCMJ or the wedding plans? If the wedding plans were well after the restriction was put in place and investigations started, then you and your command should not have any issues (and the SM won't have grounds to file a complaint). Yes, leave can be granted while flagged (APFT, etc.), but when a Soldier is pending UCMJ AND has active investigations currently going, then the commander was well within their power to yank/deny leave and restrict to base. But, I highly recommend you speak with JAG for better clarification, if you have not done so by now.
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