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If a Soldier is on extra duty for 30 days, can a commander break those days up? Situation: Soldier is currently getting divorced and has a child to look after while separated spouse is at work. If the 1SG and CSM agree to work around that work schedule, can they make that Soldier make up those days he is watching his child? Can those 30 days last as long as it takes to complete 30 actual days of extra duty? Please provide some regulation proof. I have not been able to find anything about this.
Posted in these groups: 
UCMJ
UCMJ
Edited 3 y ago
Posted 3 y ago
Responses: 9
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I agree with SFC (Join to see)'s information and MSG (Join to see)'s interpretation per AR 27-10 Para 3-21. Its not a good thing for officers, commanders or otherwise to 'interpret' regulations without consulting their unit's JAG.
I know of a company commander (not mine) who tried that with a soldier in Europe. He had to explain himself to the soldier's State Representative, his State Governor, his district's US Representative and both of his State's US Senator's, in-written form. All were prior service military.
The soldier's mother had contacted them.
Three months afterward he was shuffled off a S4 position in another unit. Last I heard he left the service as a Captain about 8 months later.
I know of a company commander (not mine) who tried that with a soldier in Europe. He had to explain himself to the soldier's State Representative, his State Governor, his district's US Representative and both of his State's US Senator's, in-written form. All were prior service military.
The soldier's mother had contacted them.
Three months afterward he was shuffled off a S4 position in another unit. Last I heard he left the service as a Captain about 8 months later.
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As has been mentioned, your best bet is to talk to JAG. SFC (Join to see) has provided the Reg, and IMHO, MSG (Join to see) has given a proper interpretation of it. I can tell you from experience that I have seen ED broken up on a number of occasions. In one instance, a Soldier was already scheduled to go TDY for training for 12 days. The training was something she needed for professional development / career progression, and keeping her back would have set her back by at least a year (before she could get another slot). Then, she messed up - not BAD, but still bad. Lost some pay (no rank) and 14/14. She did 5 of the 14, went TDY, came back, and did the other 9. I was amazed that the CoC blessed off on it, but that is what they decided to do.
In another, the Soldier took emergency leave because his wife was in a car accident two states away, and in the ICU. CoC let him go be with his wife until she was fully stable and able to take care of herself / make medical decisions for herself (it was 3 or 4 days), and then come back and resume punishment. They didn't have to let him go, but they made the call (and the right one, IMHO) to take care of the Soldier and the family, even though the Soldier had stepped in it.
From the way the reg reads to me, I would say that both of those cases were handled within the letter of the law. Also both of those cases involved the CoC going above and beyond their requirements to take care of the Soldier. They were not obligated to let the Soldier go, but they felt it was the best for the Soldier. If I was the Soldier in either of those cases, I would not have even CONTEMPLATED bitching about it being non-consecutive.
I, myself, had non-consecutive ED. I managed to get in trouble about a week before a 4-day holiday weekend, for which I had already submitted a pass. I had some big family thing going on (I don't remember what), and the Commander let me take my 4-day pass (which TOTALLY surprised me). That one, I would say, would NOT fall within the reg, it was just my Commander being a nice guy.
The last thing I will say on the topic is this. Much like the three Soldiers I mentioned, in this case, the CoC is going above and beyond to take care of the Soldier. Regardless of whether they CAN legally extend out the time and require the Soldier to "make it up," it is in the Soldier's best interest to go with it. Because the alternative, if the Soldier wants to fight it, is that the CoC puts him in the barracks, and makes sure his restriction and Extra Duty runs for 30 consecutive days, which means the Soldier will be completely unable to tend to the needs of his child. This is one of the cases where you REALLY have to be careful what you wish for.
In another, the Soldier took emergency leave because his wife was in a car accident two states away, and in the ICU. CoC let him go be with his wife until she was fully stable and able to take care of herself / make medical decisions for herself (it was 3 or 4 days), and then come back and resume punishment. They didn't have to let him go, but they made the call (and the right one, IMHO) to take care of the Soldier and the family, even though the Soldier had stepped in it.
From the way the reg reads to me, I would say that both of those cases were handled within the letter of the law. Also both of those cases involved the CoC going above and beyond their requirements to take care of the Soldier. They were not obligated to let the Soldier go, but they felt it was the best for the Soldier. If I was the Soldier in either of those cases, I would not have even CONTEMPLATED bitching about it being non-consecutive.
I, myself, had non-consecutive ED. I managed to get in trouble about a week before a 4-day holiday weekend, for which I had already submitted a pass. I had some big family thing going on (I don't remember what), and the Commander let me take my 4-day pass (which TOTALLY surprised me). That one, I would say, would NOT fall within the reg, it was just my Commander being a nice guy.
The last thing I will say on the topic is this. Much like the three Soldiers I mentioned, in this case, the CoC is going above and beyond to take care of the Soldier. Regardless of whether they CAN legally extend out the time and require the Soldier to "make it up," it is in the Soldier's best interest to go with it. Because the alternative, if the Soldier wants to fight it, is that the CoC puts him in the barracks, and makes sure his restriction and Extra Duty runs for 30 consecutive days, which means the Soldier will be completely unable to tend to the needs of his child. This is one of the cases where you REALLY have to be careful what you wish for.
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