Does convalescent leave count towards extra duty from an Article 15?

2019-05-08T18:54:37-04:00

I have a solider who recieved a field grade article 15. And in that she recieved 45 extra duty days. Towards the end of the punishment, her appendix burst and she was put on convo leave. During the leave, those days finished up and now the company, not battalion, the ones who issued our the punishment, is adding back 20 days on it due to her being out from the medical emergency. So question is, can they actually do this ?

Response by SSG Private RallyPoint Member made May 8 at 2019 7:34 PM

2019-05-08T19:34:51-04:00

I don’t see why not, she was assigned duty days. If she was on leave she didn’t do them. I don’t think it’s an issue but did they add more days than she had left?

Response by SGM Bill Frazer made May 8 at 2019 7:36 PM

2019-05-08T19:36:32-04:00

NO, SIck leave does not wipe out extra duty days cause they couldn't perform the extra duty

Response by SSG Brian G. made May 8 at 2019 8:12 PM

2019-05-08T20:12:36-04:00

Yes. It can be stopped and started again if it benefits the soldier. IE in this case the solder when on convo leave so her time stopped at the moment she went on convo leave and when she came off, it resumed. I had a similar situation where a soldier had 45 days and midway through it he had to fly home for a family funeral. When he returned his time resumed to run the full allotted time. This is a punishment.

Response by MAJ Private RallyPoint Member made May 8 at 2019 9:23 PM

2019-05-08T21:23:40-04:00

Probably but they could ask to remit or suspend the rest of the punishment.

Response by SSgt Gerald Sapaugh made May 8 at 2019 11:22 PM

2019-05-08T23:22:23-04:00

Response by MSG Private RallyPoint Member made May 9 at 2019 10:54 AM

2019-05-09T10:54:44-04:00

In AR 27-10, Section IV, Punishment, 3-19 under "Combination and Apportionment"

(8) Combination and apportionment. With the following exception, punishment authorized under UCMJ, Art. 15(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same nonjudicial punishment proceedings, to run either consecutively or concurrently, except that restriction and extra duty may be combined in any manner to run for a period not exceeding the maximum duration that can be imposed for extra duty, by the imposing commander. Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b. (See para 3–21c, below regarding the circumstances when deprivation of liberty punishments, imposed in separate nonjudicial punishment proceedings may run consecutively.)

The key part is being the physically incapacitated. As she had appendicitis, surgery and sent on con leave, this would constitute "physically incapacitated."

Response by SFC Private RallyPoint Member made May 9 at 2019 2:07 PM

2019-05-09T14:07:54-04:00

Being on leave prevents the Soldier from completing the duty, and so the interrupted duty is continued after.

Response by SSG Private RallyPoint Member made May 9 at 2019 2:46 PM

2019-05-09T14:46:57-04:00

Can only say I was a squad leader at Hood for the WTU and I had a specialist pop hot for THC, he got additional duty, but his profile was for a 9-5 duty day so he could not perform extra duty except on the weekends, they did not add any additional time to his sentence even when it was pointed out.