Can a unit deny ETS terminal leave over 30 days because they are deploying and my leave falls when they are deployed?

CPL Any Jim - I get that. And trust me...in my own 20 years in the Navy, things didn't always go the way I wanted with respect to leave, either. That included "terminal leave". (Of which I got a whopping 3 days, at the end of December 2005. But it made for a nice separation bonus, since I sold back 57 days.)

Now, don't confuse what I said with leave itself not being a right. NavRegs Chapter 11 "General Regulations" (Section 5, "Rights and Restrictions") Article 1157 says "Leave and liberty will be granted to the maximum extent practicable". This very clearly establishes both leave AND liberty as "rights". However, that in itself does not mean a servicemember will be granted leave and liberty every time.

You say "Treat the SM like an adult". I agree. And yes, I've seen cases where this wasn't true. But I've likewise seen cases where the servicemember in question refused to accept any other view OTHER than "I'm not being treated fairly/as an adult" when it was patently obvious this was not the case.

I cannot speak for the example(s) you've given, as I don't actually know the circumstances. And my answer was geared towards the OPs question of "Can a unit deny ETS terminal leave over 30 days because they are deploying and my leave falls when they are deployed?".

Oh, and I think somewhere along the line, there was a question of how long a command can "sit" on a leave chit. This should be outlined in the command policies somewhere. A leave chit CANNOT be sat upon indefinitely, as regulations clearly define both leave and liberty as rights. The approving authority (typically the XO for submarines, the CO if the leave chit is disapproved all the way through the XO) MUST either approve or disapprove the leave chit by a certain number of days.

If this is not happening, then REQUEST IT. If it ends up disapproved, then save the disapproved copy in your records. Then do the same for all other leave chits submitted.

This becomes important especially if one is in a "use or lose" scenario. Unless special circumstances allow for an exception, servicemembers may only carry over a maximum of 60 days of leave each fiscal year. If the servicemember does not qualify for an exception, any unused days over 60 will be lost. One of those possible exceptions has to do with the command not approving leave throughout the fiscal year, for whatever reason(s). If documentation is not kept by the servicemember of repeated disapproved leave requests, then the servicemember runs a real risk of losing those days.

I just do not see you point of view from any angel ?

Terminal Leave is not a thing but Separation Leave is. MILPERSMAN 1050-120. However it still can get denied but saying its non-existent or made up is a little bit of a stretch considering they have a MILPERSMAN section specifically for Separation Leave.

you got lucky ' you battalion had already deployed so rear d just trying to stay busy and knocked you leave out park and sent you on way .... Less people on rear d the better ...

They didn’t deploy yet when it got signed off. An S shop lieutenant actually forged the BC signature.

I asked him, he said that the brigade commander isn't signing terminal leave unless its retirement more than 30 days and wont have clearer guidance until after our train up at the National Training Center.

SN Greg Wright that is the best way to get an answer...straight from the horses mouth. SPC Nicholas Certeza, I feel for you on this, but in a sense, the mission does come first in most cases, even if you aren't a critical MOS. Train up and preparation are crucial when going to NTC. I hope your CoC can possibly work with you on this.

Try to come up with Plan B and C and run it by your leadership. If you try to at least work with your unit to come up with a solution, they might be more willing to work with you. I urge you to not become salty like most soldiers I know, who want to disagree with every aspect of what gets told to them. As we always say, Soldier first. Good luck brother.

Well right now, I'm not even assigned my MOS duty position as a track mechanic, just my additional duty position as armorer. Currently, I've noticed we have more track mechanics then there ever have been since I've been with unit (2 years). Besides being an armorer, which is supposed to only be a one year duty position (I have fulfilled that), I'm not being tracked as a mechanic in a maintenance platoon (i'm in headquarters now).

Would I first need to see if this policy is in writing and then write an exception to policy memo?

AR 600-8-10 covers leaves and passes, and it's called transition leave. Also, your request for an exception to policy maybe need to be a DA 4187.

Question: what happens if they've already sold 30 days, or even 60? Does this force the hand of the commander or can the Commander in face force the Soldier to forfeit leave days that they've earned?

The best thing commander can do is deny transition leave in a timely manner! Were growns up, treat sm denying as an adult. Sm while drive on and be a solider that they have been before and after. Worst case commander can do is make no decesion and give Sm uncertainty. Transtion leave is like and award might take two or three x being looked at ! But deny transition leave and than commander will realize im deny a Sm transtion leave ' wow shows what kind of commander that person is ;( ! Than commander can fix accordinling & honor time honor tradition of etsing and give the transition process the integrity it deserves ...

I sold 60 days at ets, lost 30 days of use or lose days 19 days before my ets of oct 19, had a left over leave balance of 29 days after etsing.... & unit i was in it didnt bother them 1 bit! Thats just how the unit was ?

Depends if you at a brigade battilon or company ?