PFC Private RallyPoint Member 7004449 <div class="images-v2-count-0"></div>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. 2021-05-26T13:21:59-04:00 PFC Private RallyPoint Member 7004449

<div class="images-v2-count-0"></div>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.

2021-05-26T13:21:59-04:00 2021-05-26T13:21:59-04:00 SFC Private RallyPoint Member 7004467

<div class="images-v2-count-0"></div>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.<br /><br />I have never seen a Commander approve leave for a Soldier while they&#39;re flagged for an Article 15, even if it&#39;s suspended. It is very common for Commanders to deny leave for Soldiers who are flagged or pending chapter because it&#39;s just an opportunity for them to get into even more trouble and cause a bigger headache for their leaders.

2021-05-26T13:28:43-04:00 2021-05-26T13:28:43-04:00 SFC Private RallyPoint Member 7004523

<div class="images-v2-count-0"></div>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.<br /><br />Did the soldier and/or their leadership ask why or get told why this time it was denied?

2021-05-26T13:40:07-04:00 2021-05-26T13:40:07-04:00 SFC Michael Hasbun 7004556

<div class="images-v2-count-0"></div>AR 600-8-2 provides specifics about flags and I would encourage you to read it. Special note: Only &quot;Advanced or excess leave&quot; is prohibited by a flag, not regular leave.<br /><br /> 1–14. Actions prohibited by a flag<br /><br />A flag properly imposed in accordance with this regulation prohibits the personnel actions listed below (see para 1–15 for exceptions). The PSC will control the if applicable to guard against accidental execution of—<br /><br />a. Appointment, reappointment, reenlistment, and extension.<br /><br />b. Entry on active duty (AD) or active duty for training (ADT).<br /><br />c. Reassignment.<br /><br />d. Promotion or reevaluation for promotion.<br /><br />e. Awards and decorations.<br /><br />f. Attendance at civil or military schooling.<br /><br />g. Unqualified resignation or discharge.<br /><br />h. Retirement.<br /><br />i. Advanced or excess leave.<br /><br />j. Payment of enlistment bonus (EB) or selective reenlistment bonus (SRB).<br /><br />k. Assumption of command.<br /><br />l. Family member travel to an oversea command (when sponsor is overseas).<br /><br />m. Command sponsorship of family members in an oversea command (when sponsor is overseas).

2021-05-26T13:51:15-04:00 2021-05-26T13:51:15-04:00 SSG Robert Perrotto 7004787

<div class="images-v2-count-0"></div>PFC Boston - It seems there is sufficient reasons for the Commander to state flat out that he would deny a DA 31 from this particular Soldier. The SM is flagged, and, despite what you claim to know, it is unlikely you would be informed on the status of his chapter packet, which is another reason why his leave would be denied. Accruing leave is an entitlement, actually taking leave is a privilege, and also a favorable action. It is standard practice that Soldiers in the situation your friend is in would have leave requests denied. AWOL, further infractions, and a host of other issues could arise, that would cause additional headaches that simply denying the leave will prevent. To put it bluntly, your friend made some bad decisions, and is now facing the consequences of those decisions. A 14-12b chapter is a pattern of misconduct, and an adverse action FLAG. The Chapter itself is sufficient grounds to deny leave, The counseling statements of his infractions would be sufficient for the Commander to deny leave, as it takes quite few negative counseling statements (3 minimum, in a short period of time) to initiate a 14-12 chapter.

2021-05-26T15:50:53-04:00 2021-05-26T15:50:53-04:00 SSG Private RallyPoint Member 7004824

<div class="images-v2-count-0"></div>I would say the solider is a high risk individual if he’s being chaptered for misconduct. Earning leave is a right, taking it is a privilege

2021-05-26T16:02:28-04:00 2021-05-26T16:02:28-04:00 MSgt Steven Holt, NRP, CCEMT-P 7004852

<div class="images-v2-count-0"></div>Short answer: Yes, a Commander can deny block leave. <br /><br />Longer answer: Regular leave is a PRIVILEGE, not a Congressional Right. (yes, it does accrue as part of &quot;pay and earnings&quot; 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, &quot;Private Snuffy has pending UCMJ and/or possible discharge-for-cause actions.&quot; 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.

2021-05-26T16:11:57-04:00 2021-05-26T16:11:57-04:00 Capt Gregory Prickett 7004878

<div class="images-v2-count-0"></div>The commander has the right to deny leave. He&#39;ll still be compensated for it when he leaves the service.

2021-05-26T16:22:08-04:00 2021-05-26T16:22:08-04:00 SSgt Christophe Murphy 7004915

<div class="images-v2-count-0"></div>Commanders have the ability to grant or deny leave requests. It&#39;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&#39;t want him going missing while he is being processed out. I would warn about getting too close to this. This isn&#39;t your circus and those aren&#39;t your elephants. Nothing wrong with being supportive, I&#39;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&#39;t get too deep.

2021-05-26T16:46:04-04:00 2021-05-26T16:46:04-04:00 CSM Darieus ZaGara 7004933

<div class="images-v2-count-0"></div>You are mistaken, it is a privilege. The commander is the holder of leave. That is why leave requires approval, otherwise one is awol.

2021-05-26T16:55:04-04:00 2021-05-26T16:55:04-04:00 CWO3 Private RallyPoint Member 7005348

<div class="images-v2-count-0"></div>Don&#39;t confuse rights with benefits. Leave is a benefit, but requires a CO/COC to grant. If he&#39;s on a suspended bust he is at the mercy of the Command. Your PSG or NCOIC is the place to start. The CO gets his advice from his 1SG and the regulations. BN Legal and the COC upward are involved as well. At face value of what you provided, he is not in a position to demand a benefit, but maybe rights. Choose your battles with care.

2021-05-26T19:09:18-04:00 2021-05-26T19:09:18-04:00 CPT Private RallyPoint Member 7005649

<div class="images-v2-count-0"></div>Asking for a friend?

2021-05-26T21:02:07-04:00 2021-05-26T21:02:07-04:00 SGT Christopher Hayden 7005938

<div class="images-v2-count-0"></div>Just stay where you are and wait to get out of the Army when they kick you out. Whatever is there for leave will be there after you&#39;re out.

2021-05-27T00:23:00-04:00 2021-05-27T00:23:00-04:00 1SG Ernest Stull 7006554

<div class="images-v2-count-0"></div>Once you are flagged you are no longer in a promotable status or any other status this includes leave.

2021-05-27T08:39:39-04:00 2021-05-27T08:39:39-04:00 CPL Jeremy Glenn 7006565

<div class="images-v2-count-0"></div>Yes. Leave can be denied. Especially if that soldier is flagged. At least it could be when I got out in 2012.

2021-05-27T08:42:21-04:00 2021-05-27T08:42:21-04:00 CH (CPT) Private RallyPoint Member 7006773

<div class="images-v2-count-0"></div>Question is soundly answered already. But, here&#39;s some advice for yourself. Lose the mentality of entitlement. Many young joes think all sorts of stuff is some kind of an entitled right, and this is a huge predictor of their unhappiness and ultimate separation. Don&#39;t listen to the barracks lawyers or the permanently negative Specialists or sadly, you may just end up like your friend.

2021-05-27T10:29:32-04:00 2021-05-27T10:29:32-04:00 MSG Gary Eckert 7006940

<div class="images-v2-count-0"></div>If the Soldier wants to take leave he should submit the DA Form 31. The Commander may still disapprove the leave but if he does, he must list a reason. If I am his Personnel Sergeant, I would advise him that being flagged is not normally a good reason to disapprove the leave and the normal reasons such operational requirements wouldn’t apply in a block leave situation. I would also advise him that the regulation says all Soldiers will be provided the opportunity to take annual leave. Although, leave is a Commander’s program, the regulation does not say leave is a privilege that you may or may not approve.

2021-05-27T11:41:18-04:00 2021-05-27T11:41:18-04:00 SrA Barbara Johnson 7007046

<div class="images-v2-count-0"></div>Leave is approved at the discretion of that soldier&#39;s superior officers. Just because leave has been accrued does not mean (as a soldier) that you get to say WHEN YOU&#39;RE GOING TO TAKE IT. One must SUBMIT a REQUEST for leave and WAIT for approval. If APPROVAL is not GRANTED the soldier is forbidden from using his/her accrued leave. What makes you think anything else is acceptable? And then you have the audacity to want to counsel him! It&#39;s no wonder the soldier is in trouble!! Learn the rules before you give any advice young man...learn the rules and follow them!

2021-05-27T12:25:27-04:00 2021-05-27T12:25:27-04:00 SSG Private RallyPoint Member 7007088

<div class="images-v2-count-0"></div>This is not an appropriate use of the commanders approval authority for leave and passes as you have presented it. According to AR 600-8-10 chapter 2-2 § (c)(2) states that commanders will encourage and assist all soldiers to use, on the average, 30 days of accrued leave each year. Further 2-2 § e(7)  highlights the requirment for commanders to place emphasis on approving leave during block leave periods. 2-5 § a, states that if the soldier is discharged with an Other Than Honorable discharge that soldier will forfiet all leave previously accrued and will not be allowed to sell leave at time of discharge. I would also read § c, of this same chapter as the soldiers particular reason for chapter may make this § further applicable. Chapter 4-1 § b, identifies the commanders authority to deny leave based on operational feasibility. Chapter 4-3 specifically states that annual leave programs should maximize the use of accrued leave within the constraints of operational requirements, training workloads, and the desires of the soldier. <br /><br />What does this mean? If there are any scheduled appointments, meetings, readings, etc specifically affiliated with the soldiers discipline/discharge that fall within the block leave period then the commander can deny his annual/block leave. If this is not the case the commander needs to approve the soldiers leave, because taking leave is NOT a privilege and the soldier potentially will not be allowed to sell back his leave at discharge, unlike what was previously stated by others.

2021-05-27T12:52:29-04:00 2021-05-27T12:52:29-04:00 SSG Edward Tilton 7009352

<div class="images-v2-count-0"></div>He did something wrong and is being punished. PERIOD. does he have all of the leave accumulated?

2021-05-28T10:37:23-04:00 2021-05-28T10:37:23-04:00 PO2 Mike Vignapiano 7355404

<div class="images-v2-count-0"></div>Leave is not a right, it’s a privilege and can be denied for many reasons. During any period, there must be a specific number of personnel on base. That can be a factor. Performance determines approval also. A 4.0 soldier would be approved way before this candidate.

2021-11-06T17:47:49-04:00 2021-11-06T17:47:49-04:00 2021-05-26T13:21:59-04:00