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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: 18
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Once you are flagged you are no longer in a promotable status or any other status this includes leave.
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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're out.
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PFC (Join to see)
Oh this isn’t for me Sgt, it’s for someone else in my squad, I told him something similar to that. It’d be best if he just gets out without anymore problems.
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PFC (Join to see)
Yes, A squadmate, I directed him to the squad leader to tactfully ask why his leave would be denied. He’s pretty unhappy but he dug his own grave I guess you could say.
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Don't confuse rights with benefits. Leave is a benefit, but requires a CO/COC to grant. If he'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.
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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.
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He did something wrong and is being punished. PERIOD. does he have all of the leave accumulated?
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Leave is approved at the discretion of that soldier's superior officers. Just because leave has been accrued does not mean (as a soldier) that you get to say WHEN YOU'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's no wonder the soldier is in trouble!! Learn the rules before you give any advice young man...learn the rules and follow them!
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PFC (Join to see)
Oh yes i’m tracking, However this is a annual block period so it’s not as if he would be requesting for normal leave outside of the designated dates. It would be within the annual Block leave period. Also I wasn’t going to counsel him ma’am. I don’t have that authority or intention. I was seeking advice from Fellow soldiers in this page before I proceeded to give him any advice as I may be more versed in the situation then him I’m still not informed enough. I wasn’t trying to come off that way at all.
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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.
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