Can I be denied leave?

As many have already stated here, yes leave is a Right (as defined by Congressional Act) but Commanders have HUGE discretion for approval.

My best advice is to start generating a paper trail. Submit your leave request in writing on the appropriate forms. The AF had a specific form for Leave and/or Liberty. I assume the Army has similar. Submit the form, have the Commander deny in writing and then KEEP THE FORM SECURED! If/when you do end up in a use/lose situation, you'll have the evidence needed to retain those days without them being lost. Not to mention, IF it comes to an IG investigation, you'll have documented proof of denial. Without the forms, all the CO has to say is, "I never received a leave request from the SGT".

Generally speaking, Leave is a RIGHT (as in Legally & Regulatory defined as a Right), compared to Liberty which is a Privilege. The Commander has LOTS of Discretion about when you can take it, based on mission.

That said, submit the papers, and let them deny it. Don't take anyone's word for it. Submit leave papers. The sooner you submit papers, the better the command can deconflict your schedule with others. No single individual is essential to mission, especially if you are giving lots of notice (outside of deployment schedule).

Citation (Army):

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."

Edit: Added Citation

Before this can actually be answered properly, a little bit more about your unit policy on leave is needed. Secondly, are you getting screwed around - probably, but are you getting screwed - probably not since you are not quite at the use or lose point. Interesting that you mentioned helping for Gunnery, being that you are an 88M (Motor Transport Operator) in what an Armor Brigade of the 1st Infantry Division. Wouldn't that be a normal part of your job? As far as attending the Master Drivers Course, do you not need that for career progression? You say that you were on Rear-end (I am taking that as you were part of the unit's rear detachment) and then spent 7 months on Gate Guard, then supported Gunnery, and now in the Master Drivers Course (local course and not the M9 course, I would venture to guess). My next question - is the unit just back from the deployment or is it still deployed? Next how is the deployment of the BCT to Korea impacting this? You say your morale is drifting; why, because you just came off Gate Guard duty then went directly into some type of training support and then to a Master Drivers Course. If it was Gate Guard duty that wore you down, what about that civilian that was either next to you or on the next over entry point? Oh wait a minute, they chose that and are well paid for that job (??). What is the outlook between now and 6 months from now? A lot of things to think about. How long have you been in this unit?

I went without leave from July 1988 until October 1991 because of either school commands or mission critical billets. So the answer is yes, you can be denied leave. But the command also needs to have a very clear explanation for you, why you are being denied leave, something better than nobody can take leave until they have use em or lose em days.

Like several others have said here, leave is a right. However, commanders can determine when to allow it based on mission cycles and major training events. That should be applied equally across the board however. With the holidays coming up, what are the possibilities of taking leave around Thanksgiving or Christmas? The Army does not do a whole lot during the last 2 weeks of December and first week of January unless they are deployed or in the process of deploying.

That's kind of a flip from units I've been to. Normally they prefer you to use your days before you have use or lose.

Leave is a right. In the Army it's the Commanders discretion. If this is the case in your unit then the answer is simple use the open door policy (every commander has one) be an adult and talk to the 1 person who can approve or disapprove your leave and explain your desire to take leave. If denied you can go higher which will only help because a CPT doesn't want to get their ass chewed daily from a LTC or Col. But they (Ltc/Col) cannot sign your DA 31, the regulation specifically gives that authority to the company/battery commander.

Not to bust your chops, Sgt, but have you put in a leave request? As others have said, submit your request and force them to deny it in writing. It sounds to me your PSG is trying to pull a fast one on you.

Had a similar situation right before I retired. My supervisor tried to deny me leave (and I was in use/lose) and tell me I couldn't use it for what I wanted to. I told him I would submit my request and make him deny it in writing and then my next stop would be the commander's office. I took my leave. Know the appropriate written guidance not only for the Army, but for your company/division/brigade.

I answered on another post on here but I want to put it on the main question.

From looking at your profile and hearing your question, this is a question you should have been able to research and answer yourself.

Rear-D*

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.

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.

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?

yes...

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.

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.

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.

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...

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.

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