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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 >1 y ago
Responses: 19
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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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Yes the commander is allowed to deny leave. They are the approving authority and allowed to deny leave requests based on unit mission/training, pending UCMJ action, administrative action, health and welfare of soldiers or unit strength percentages.
Did the soldier and/or their leadership ask why or get told why this time it was denied?
Did the soldier and/or their leadership ask why or get told why this time it was denied?
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PFC (Join to see)
SFC Kelly Fuerhoff I am in charge of the soldier on a team level, i’m not his team leader because of an excess amount of Ncos in the squad. However I was told to help him before he goes higher. He was told to come to me before he goes higher. His current team leader ( our team leader ) is on OJT At the moment
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SFC Kelly Fuerhoff
PFC (Join to see) - Talk to the squad leader and PSG to see if there can be a sit down with the commander to find out the reason if the soldier had been approved for leave prior while pending UCMJ. That's what I would do. But bottomline - the commander has every right to deny leave.
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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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