Posted on Oct 20, 2015
SGT Intelligence Analyst
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At CYBERCOM, 26 November is a holiday, and the following Friday is a family down day. I am looking to take leave on Monday, 30 November. My NCOIC believes that I need to take all 5 days, 26-30 November, as ordinary leave to cover the one day. Is this true?

Table 4–13
Public holidays, a chargeable or nonchargeable absence Step Work center Required action
1 Unit When a Soldier’s leave terminates on a holiday, do not charge as leave.
2 Unit When a Soldier’s leave begins on a holiday, charge as a day of leave.
3 Unit When a holiday falls within a Soldier’s leave dates, charge as a day of leave.

(None of these apply to my leave request as it is only for a single day and does not begin, terminate, or incorporate a holiday.)


g. Do not grant passes in succession or back-to-back without a duty day in between the absences. For example, a 3–day regular pass that includes a public holiday may not be immediately followed by another regular pass. If a Soldier departs on a 3–day pass on Friday evening after the duty day, he or she must return for the normal duty day on Tuesday morning.

(I am not seeking back-to-back passes.)


h. A regular pass may be granted together with leave. The following apply:
(1) A pass begins and terminates on post, at the duty location, or at the location from where Soldier normally commutes to duty before leave begins.
(2) Leave begins and terminates on post, at the duty location, or location from where Soldier normally commutes to duty before a pass begins.
i. AWOL applies if Soldier does not return at applicable time unless extension was granted resulting in leave (para 10–11).

(I am requesting local leave and will be within recall distance from both post and my place of duty.)


5–29. Rules to grant special passes

(These rules shouldn't apply since I am not requesting a special pass. I am requesting ordinary leave.)

a. A short, nonchargeable, authorized absence from post or place of duty may be granted using a special pass.
Special passes and leave may not be combined to allow a continuous absence from the duty station, nor may special passes be combined with regular passes or with another special pass. If leave or another pass is granted, there must be at least one duty day between the special pass and the leave or other pass.

(Again, I am not seeking a special pass. I am requesting ordinary leave.)

b. Unit commander is the approval authority.
c. Reasons to grant are as follows:
(1) As special recognition for exceptional performance of duty.
(2) To attend spiritual retreats or observance of other major religious events requiring the Soldier to be continuously absent from work or duty.
(3) To exercise voting responsibilities of citizenship.
(4) To alleviate personal problems incident to military service.
(5) As compensatory time off—
(a) For long or arduous deployment from home station.
(b) For duty in an isolated location where regular pass is inadequate.
(c) Following periods of continuous duty of excessive duration.
(d) Following duty on a public holiday. Such time off will be granted the first duty day after the public holiday (including the observed day), except in unusual circumstances.
d. There are two kinds of special passes, 3-day and 4-day.
e. A 3-day pass—
(1) Normally begins at the end of a normal duty day on a given day and ends with the start of a normal duty day on the 4th day after an absence of 3 consecutive calendar days. The standard for calculating the period of the pass is to count calendar days, not on the number of hours to be taken.
(2) Must include at least 1 duty day. This period may be Tuesday, Wednesday, and Thursday, depending on unit AR 600–8–10 • 15 February 2006 33 duty requirements. (For example, a Soldier may depart at the end of the duty day on Monday evening and must return at the start of the normal duty day on Friday.)
(3) May not be combined with a regular pass, another special pass, or leave. If leave or another pass is granted, there must be at least 1 duty day between the special pass and the leave or other pass.

(You cannot combine a special pass with leave without a duty day between the two. I, however, am requesting ordinary leave--not the special pass.)
Posted in these groups: Legal_6 LeaveD60255850e3c05df655ee458a76b5784 Holidays
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Responses: 15
CW4 D. Jason Cardona
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Like you said, you're not taking a pass. So the 'leave in conjunction with a pass' BS doesn't fly. The only caveat is that you MUST be present to sign out on leave. If you plan on leaving the area during your 4 day and then taking leave, you'll need to put in leave for the whole time. I do this all the time during the holiday 4 days but I never leave the immediate area.
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MAJ Contracting Officer
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I agree the pivotal fact is when you sign out. If you leave the area before Monday (you are not at your home on Monday Morning) the time you are away is chargeable as leave. You cannot use the pass time for your vacation, but if you are there the entire time only the 30th would be chargeable as leave. Be prepared to prove you are there on Monday or the CDR can easily charge you leave for the whole time.

Update: DOD clarified their policy forcing all 4 day passes as "special passes" which cannot be taken in conjunction with leave. 5-27 e (2) A regular pass will not exceed 3 days in length. 4 days must be charged as leave.
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PO1 Warfare Development Center
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These gentlemen hit the nail on the head.
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1SG Claims Assistant
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Chargeable leave would be 4 days. Thanksgiving would be non-chargeable, since it is on the first day of your leave.
The reasoning is that if Thanksgiving is a four day weekend, this constitutes a special (4 day) pass for personnel not taking leave. Leave cannot be taken in conjunction with a special pass, so Friday-Monday are chargeable.
Your references are on the money.
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MAJ Contracting Officer
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Update: 5-27 e. (2) A regular pass period will not exceed 3 days in length, to include public holidays. So it must be a special pass 5-29 a. If leave or another pass is granted (in conjunction) there must be at least one duty day between the special pass and the lave or other pass. So 4 days must be charged as leave unless you are not physically at the duty station when 5 days must be charged.

Why is this a special pass? 5-27 "regular pass" non-duty periods of absence, to include official holidays. For example, a regular pass might extend from Friday after duty until the beginning of duty on the following Tuesday.
A special pass 5-29 does not list include federal holidays.
As SGT (Join to see) has stated she will not be departing the geographical area (any of the 5 days) it should be processed as 4 days regular pass with one day of ordinary leave. I know there were clarifications to this in 2008 but can't find the MILPER message MILPER #08-004.
If it's a regular pass she is only charged 1 day of leave. If it needs to be classified as a special pass then 4 days would be charged. (I prefer the clean cut GS leave much better)
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SGM Steve Wettstein
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You can take leave in conjunction with a pass. You just have to be present to sign in off of one and sign out on the other.
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