Posted on Jun 11, 2020
If there is a break in Extra Duty, does the time have to be completely reset?
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I have a soldier who is serving 30 days of extra duty. Today would be his 29th day, tomorrow being his last day of extra duty. However this morning, he was identified as possibly having COVID-19 and was placed on a mandatory quarantine, thus the SM will miss extra duty tonight and potentially tomorrow depending on when/ what his results come back. I’ve read the regulation that states the days must be consecutive but surely there are exceptions for things of this nature? I’ve also heard some people mention that if it is an excusable absence, such as mandatory quarantine, he will not have to make up the days at all. Can anyone give me some clarity on this issue? With references if possible? He is a great soldier and honestly did not deserve the punishment he received, he was taking the fall for another battle buddy that would’ve most definitely been kicked out had he had one more strike.
Duty
UCMJ
Punishment
Posted 4 y ago
Responses: 9
Covid has never affected something like this before. The regulation is up to interpretation and I’m sure the command would consider all factors
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From AR 27-10 Paragraph 3-19b(8) states in part, “Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b.”
Being quarantined is not at the fault of the soldier and the soldier is not incapacitated. It’s like if the soldier had 24 hour quarters, the soldier does not have to make up the day as being sick is not at fault of the soldier. I understand your personal feelings but it’s clear as day and not up for interpretation. As the Major stated, using a suspension of the remaining punishment for doing great for 28 of 30 days would be the best course of action. This doesn’t mean you should start a witch hunt. I also believe a soldier should be treated with dignity and respect upon completion of the punishment and should be given the opportunity to reform with good leadership.
Being quarantined is not at the fault of the soldier and the soldier is not incapacitated. It’s like if the soldier had 24 hour quarters, the soldier does not have to make up the day as being sick is not at fault of the soldier. I understand your personal feelings but it’s clear as day and not up for interpretation. As the Major stated, using a suspension of the remaining punishment for doing great for 28 of 30 days would be the best course of action. This doesn’t mean you should start a witch hunt. I also believe a soldier should be treated with dignity and respect upon completion of the punishment and should be given the opportunity to reform with good leadership.
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Marines on EPD and/or Barracks Restriction were always good as long as they made muster and signed in. Duty NCO handles paperwork and Asst Duty supervises EPD. Company Gunny or 1stSgt ensures there are adequate supplies and work list when posting DNCO. Covid adds some extra measures. Piss Call Log worked same way. If they signed after you woke them and are later UA they fry. Sometimes.
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