1
1
0
Okay, it's been 11 calendar months since my last leave period. I was on Rear-end, then got shoved on Gate Guard for 7 months, came back and went straight to Gunnery, now am in Master Drivers Course. I need leave, my morale is drifting and I feel like I'm getting screwed. I told my PSG I would help her for Gunnery and after that I would go on leave. Now she says "Higher came down and told everyone, they can't take leave until they have use or lose days." I have 55 Day's of leave saved up not by my fault. Am I getting screwed around?
Law
UCMJ
Leave
Posted >1 y ago
Responses: 31
2
2
0
1
1
0
Leave is a privilege not a right however, submit your leave form it takes two signatures to deny your leave. Put your PSG on the spot and ensure you follow up.
(1)
(0)
SSG Donny Martin
But it is a privilege as a 14S re classed to a 42A i learned first hand. leave is a privilege even though it is earned at a rate of 2.5 days per month. I ask you this can you take leave while flagged for adverse action or flagged or what about being APFT failure the answer here is no. The command also reserves the right to deny your leave at any time. Henceforth leave is a privilege.
(0)
(0)
SSgt (Join to see)
You are wrong. Members of the Armed Force, regardless of rank, performance record, or degree of official approval, are entitled to 30 days of paid leave each year of service. Entitled. Not privileged.
This entitlement is provisioned in public law. It is the will of the American people, ratified into the US Code by an act of Congress and signed into legal force by the President of the United States. It is part of the Federal budget. Americans are taxed to pay for it.
This means that to ignore this requirement is to ignore the law of the land. It’s a violation of the oath of service, which requires obedience to the law. It’s punishable under Article 92 of the Uniform Code of Military Justice. It’s also a failure of the most basic duty of leadership: safeguarding the morale and well-being of those entrusted to a leader’s charge.
This entitlement is provisioned in public law. It is the will of the American people, ratified into the US Code by an act of Congress and signed into legal force by the President of the United States. It is part of the Federal budget. Americans are taxed to pay for it.
This means that to ignore this requirement is to ignore the law of the land. It’s a violation of the oath of service, which requires obedience to the law. It’s punishable under Article 92 of the Uniform Code of Military Justice. It’s also a failure of the most basic duty of leadership: safeguarding the morale and well-being of those entrusted to a leader’s charge.
(2)
(0)
1
1
0
A DA-31 is a REQUEST and Authority for Leave form. It's not an order nor a demand. So by definition, it can be denied. Leave isn't a right. It's an earned entitlement. That's why it's on your Leave and Earnings Statement. Although a commander can deny a request, he'll also have to face the consequences of a soldier losing any "use or loose" days.
(1)
(0)
Sgt Aaron Kennedy, MS
1SG(P) (Join to see) - Here's something from the Ft Hood IG EXPLICITLY stating it is a Right.
http://www.forthoodsentinel.com/news/military-leave-it-s-a-right-not-a-privilege-granted/article_aaa7cfad-dd88-55d5-8bf2-f491019ba6d3.html
"Leave is a right (not a privilege) that is granted by Congress under federal law."
http://www.forthoodsentinel.com/news/military-leave-it-s-a-right-not-a-privilege-granted/article_aaa7cfad-dd88-55d5-8bf2-f491019ba6d3.html
"Leave is a right (not a privilege) that is granted by Congress under federal law."
Military leave: It’s a right, not a privilege, granted by Congress under federal law
One of the frequent questions and issues Soldiers and Family members ask the III Corps Inpector General is about leave, particularly about emergency and convalescent leave.
(1)
(0)
(0)
(0)
Sgt Aaron Kennedy, MS
1SG(P) (Join to see) - And per the article "It's a Right." Commanders have lots of leeway regarding all kinds of things. Marines have the Right to a Courts Martial.. except at Sea. Have to take an NJP if they decide they want to give one there. Doesn't make it less of a Right.
(0)
(0)
SFC (Join to see)
What I look at in this argument and it has happened more times then I can count is that a Soldier will submit a leave form and it doesn't even reach the command for approval or denial. So the DA31 stills needs to be sent to the approval authority to approval or denial.
(0)
(0)
1
1
0
unless it is necessary for unit operations, leave is your right. You earn 30 days a year and have the right to use it. Are you maybe doing workups for a deployment?
(1)
(0)
0
0
0
Have you actually tried talking to you commander about this? There should be a published policy letter detailing your commander's leave and pass policy and what the criteria is for approval or disapproval. It makes no sense to wait until personnel have use or lose days since that limits the flexibility of the leadership to balance the personnel with mission requirements.
(0)
(0)
0
0
0
If you are currently at 55 days, then you already have use or lose. Leave is tracked by fiscal year, so any time that you will be over 60 days of leave accrued by the end of September of the current year, then you have use or lose days.
As others have stated, put in for leave now according to your unit policies, and keep the record if you are denied. Try to let your supervisor advocate for you, as it will benefit the unit more to let you take leave now than it will to make you wait for arbitrary reasons.
As others have stated, put in for leave now according to your unit policies, and keep the record if you are denied. Try to let your supervisor advocate for you, as it will benefit the unit more to let you take leave now than it will to make you wait for arbitrary reasons.
(0)
(0)
0
0
0
Leave is a right. the commander has discretion as to when you take it. So assuming you have use or lose leave and request to take a few days off your commander can reject your request but if you loose leave me st be abl to justify the refusal. If there is no reasonable response it is the commanders butt on the line.if the commander has justification for refusing your leave it still goes up to DA but you have a chance to recover it.
(0)
(0)
0
0
0
Why did your commander day no leaves unless you're in use/lose status? Is it due to an approaching leave block prior to deployment, out something like that? Are there any operational considerations? Did you ask when you can take leave? If so, what was the response? If there's no major event like a deployment, AND there's no designated block leave period coming up, AND the sole reason for denying you leave is that you aren't currently sitting on 40+ days of leave, then I might recommend elevating a complaint (I would normally recommend your Bn CSM before IG). But I'd want more details before making such a recommendation...
(0)
(0)
0
0
0
So what is on the BDE, BN, and CO training calendar coming up? Is the unit using block leave in it? Are you among those that can use block leave? Recommend going to your PSG with those items, circle some dates, and ask which of these can my soldiers and I rotate on leave. Ask if there is a plan to allow people leave, so you can hold your leave until then. Pose it as a team player. Explain that you do not want to screw the command with last minute use/lose requests, you'd like to manage your leave like a good leader.
I can tell you stories about how Hooah I was foregoing 3 years of leave to undergird retirement, or going a whole 2 year command without it, but it blew. It didn't have to. Leave a 20-30 day balance in case of emergencies, but take some leave now and then. Missions are missions, you will always have to work around that. 45-55 days is a good trigger point to take leave.
I can tell you stories about how Hooah I was foregoing 3 years of leave to undergird retirement, or going a whole 2 year command without it, but it blew. It didn't have to. Leave a 20-30 day balance in case of emergencies, but take some leave now and then. Missions are missions, you will always have to work around that. 45-55 days is a good trigger point to take leave.
(0)
(0)
0
0
0
The truth be known he probably had the opportunity for leave and chose not to go now the training calendar full he wants to go keep from going to the field give them a straw
(0)
(0)
SGT (Join to see)
Not at all, I havent had "the time" for llave, I got off on the 1st of OCT, and went to Gunnery on the 10th - 23rd, then got sent to class on the 24th.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google