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A soldier in my squad has been told that if he puts in for summer block leave it will be denied. As far as i’m Tracking Leave is a Congressional Right and not favorable action. He is flagged for the remainder of a suspended punishment for a article 15. He is also been initial counseled for notice of Involuntary Seperation under chapter 14-12b. how ever he hasn’t gone any further then the initial counseling enticing the COs intention to submit the packet. Basically what i’m trying to figure out for him, is the CO aloud to do this to him? Given that leave is a right and part of RMC compensation. I do know that if a soldier is a risk of awol it could be denied but he is not a risk or have anything pertaining to that. This soldier has also taken the last opportunity leave and HBL while “Pending chapter” so i’m trying to figure out if what they are doing is legal. He does not have a separation date or even a approved packet.
Leave
UCMJ
Posted 4 y ago
Responses: 18
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Accruing leave is a pay entitlement. Taking leave is a privilege and the Commander reserves the right to deny leave at any time. You can take that to IG or your Congressman and they will tell you the same thing.
I have never seen a Commander approve leave for a Soldier while they're flagged for an Article 15, even if it's suspended. It is very common for Commanders to deny leave for Soldiers who are flagged or pending chapter because it's just an opportunity for them to get into even more trouble and cause a bigger headache for their leaders.
I have never seen a Commander approve leave for a Soldier while they're flagged for an Article 15, even if it's suspended. It is very common for Commanders to deny leave for Soldiers who are flagged or pending chapter because it's just an opportunity for them to get into even more trouble and cause a bigger headache for their leaders.
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PFC (Join to see)
Thank you, That can be completely understandable. I’m just trying to help this soldier figure it out the best way possible. I told him what i know, but of course i couldn’t possible know everything.
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SFC (Join to see)
PFC (Join to see) all the answers are in the regulation AR 600-8-10 Army Passes and Leave which you can find on ArmyPubs. Bottom line though is that the Commander has the ultimate authority to approve, deny or revoke leave for any reason, especially one that may affect good order and discipline within the unit
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PFC (Join to see)
SFC (Join to see) Thank you for the information. He might not like the answer, however I didn’t want to say he could or couldn’t because I didn’t know. Thank you for the regulation also, I’m going to check it out and print it for him.
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Short answer: Yes, a Commander can deny block leave.
Longer answer: Regular leave is a PRIVILEGE, not a Congressional Right. (yes, it does accrue as part of "pay and earnings" but the CO has final approval authority). Even Use/Lose days can be denied as long as the CO can justify the denial (ie: Deployment, UCMJ, Courts Martial proceedings, field training, etc). Any IG complaint or Congressional inquiry over denied leave would stop dead in its tracks as soon as the Commander stated, "Private Snuffy has pending UCMJ and/or possible discharge-for-cause actions." Your squad mate should be utilizing the local Area Defense Counsel resources. They can advise him on this and many other topics far better than anyone here can.
Longer answer: Regular leave is a PRIVILEGE, not a Congressional Right. (yes, it does accrue as part of "pay and earnings" but the CO has final approval authority). Even Use/Lose days can be denied as long as the CO can justify the denial (ie: Deployment, UCMJ, Courts Martial proceedings, field training, etc). Any IG complaint or Congressional inquiry over denied leave would stop dead in its tracks as soon as the Commander stated, "Private Snuffy has pending UCMJ and/or possible discharge-for-cause actions." Your squad mate should be utilizing the local Area Defense Counsel resources. They can advise him on this and many other topics far better than anyone here can.
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Commanders have the ability to grant or deny leave requests. It's part of their roles and responsibilities. Leave requests are never a guaranteed thing. If someone is deemed a risk or liability their leave and liberty can be restricted as a precaution or in this case part of their punishment for prior offenses. He is getting chaptered out un der 14-12b? Pattern of misconduct? If you need an answer to why his leave was denied there you go. The Command doesn't want him going missing while he is being processed out. I would warn about getting too close to this. This isn't your circus and those aren't your elephants. Nothing wrong with being supportive, I've been in similar shoes when a fellow Marine got some brig time because of some illegal activities and ended up eating the big chicken dinner because of it. Just don't get too deep.
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