How can a service member get around their unit denying them ETS and ordinary leave due to an adverse action?

SPC Brady Allen — Wed, 19 Apr 2017 10:37:41 -0400

Response by SPC Brady Allen made Apr 19 at 2017 10:38 AM

SPC Brady Allen — Wed, 19 Apr 2017 10:38:15 -0400

Here is a brief background on current situation:

S/M was reduced in rank in January 2017 and is now being recommended for administrative separation. With S/M having served 9 years in the Army, the RCP rules apply and the BDE Career Counselor officially changed ETS to 6 months from date of reduction, with ETS now being 03 July 17. S/M has been sidelined at work due to this adverse action/Chapter recommendation. In the meantime, Soldier has finished all mandatory classes for Soldier for Life with the TAP office.

S/M member asked if they could submit their ETS leave in order to start preparing for separation, which they were told to hold off. Unit was reminded that ETS was around 2 months away. In order to not sell all of their leave back to the Army, S/M attempted to submit leave, so family can travel (remember, S/M has been sidelined at work, being at home since OCT 1, 2016), and leave was also denied with statement “leave denied pending chapter”. However, service member had just submitted leave less than a month ago, with the situation being the same status of “pending chapter.” THIS LEAVE WAS APPROVED, WITH S/M CONTACTING 1SG ASKING IF HE COULD SUBMIT LEAVE. I understand that a Unit can deny or grant leave for a multitude of purposes, but this S/M feels stuck.

So with no leave to take, no word on whether or not the unit will let soldier just RCP or is “officially” (I.e counseling, meeting with JAG) getting chaptered, there really isn’t much to do but wait. Soldier will then be forced to sell back leave to the Army and will have to move family in as little time as possible. Overall, S/M is trying to prepare by using leave he has built up, since he most likely, will not be able to use his leave upon ETS. I mean he hasn’t been working since 01 OCT 16, this is over 6 MONTHS of not working. Does anybody have any suggestions? YES, Soldier realizes and is grateful that he has time off with his family, but being put in such a spotlight and treated like the outcast is sort of ridiculous. Does anyone have any suggestion to help better prepare someone with a family in this situation?

Response by 1SG Private RallyPoint Member made Apr 19 at 2017 11:41 AM

1SG Private RallyPoint Member — Wed, 19 Apr 2017 11:41:15 -0400

Unless I misread the situation, if the Soldier is staying at home and still being paid, it seems to me that there is ample time to prepare for the move. Packing, cleaning, phone calls, telephonic job interviews... all could be completed with the time he/she has.
The only problem is not being able to travel to do things like look at homes, visit schools, and do in-person interviews. This is an inconvenience, but not a show stopper in the age of the internet.

Now if it is me in leadership, I would be fine with granting leave in this situation... unless the reason why a chapter is being considered warrants denying leave. What this is all for is a piece of information we don't have. I suspect it is relevant.

My suggestion would be to dispatch the SM's spouse (if there is one, it is unclear what "time off with family" means) to do some of the legwork on the home and school shopping front. The SM should double down on looking for work or school to attend. In this way, you can work as a team to get friction-free a transition as possible.

Response by 1SG Private RallyPoint Member made Apr 19 at 2017 2:17 PM

1SG Private RallyPoint Member — Wed, 19 Apr 2017 14:17:09 -0400

Military leave is not an entitlement so if a Soldier is flagged for adverse action the Command does not have to grant him additional leave. His only other option is to sell off his excess leave. My advice would be to send his spouse on ahead to where they are planning to relocate to and have her start to get things settled there. As preparing his household and such, the military will pack and move all that for him so that's not too much of an issue unless he was planning on doing a full DITY move. More than likely if there is adverse action the Army would pursue that in lieu of paying the Soldier a severance package to be separated. So if he is counting on being RCP'd he should prepare otherwise.