If there is a break in Extra Duty, does the time have to be completely reset?

SPC Private RallyPoint Member — Thu, 11 Jun 2020 17:05:17 -0400

I have a soldier who is serving 30 days of extra duty. Today would be his 29th day, tomorrow being his last day of extra duty. However this morning, he was identified as possibly having COVID-19 and was placed on a mandatory quarantine, thus the SM will miss extra duty tonight and potentially tomorrow depending on when/ what his results come back. I’ve read the regulation that states the days must be consecutive but surely there are exceptions for things of this nature? I’ve also heard some people mention that if it is an excusable absence, such as mandatory quarantine, he will not have to make up the days at all. Can anyone give me some clarity on this issue? With references if possible? He is a great soldier and honestly did not deserve the punishment he received, he was taking the fall for another battle buddy that would’ve most definitely been kicked out had he had one more strike.

Response by SSG Private RallyPoint Member made Jun 11 at 2020 5:17 PM

SSG Private RallyPoint Member — Thu, 11 Jun 2020 17:17:24 -0400

Covid has never affected something like this before. The regulation is up to interpretation and I’m sure the command would consider all factors

Response by SGT Justin Brothen made Jun 11 at 2020 5:19 PM

SGT Justin Brothen — Thu, 11 Jun 2020 17:19:54 -0400

If you know he didn't do it, as you stated. Your concern should be punishing the other service member.

Response by CWO3 Private RallyPoint Member made Jun 11 at 2020 6:57 PM

CWO3 Private RallyPoint Member — Thu, 11 Jun 2020 18:57:47 -0400

Marines on EPD and/or Barracks Restriction were always good as long as they made muster and signed in. Duty NCO handles paperwork and Asst Duty supervises EPD. Company Gunny or 1stSgt ensures there are adequate supplies and work list when posting DNCO. Covid adds some extra measures. Piss Call Log worked same way. If they signed after you woke them and are later UA they fry. Sometimes.

Response by SFC Ralph E Kelley made Jun 11 at 2020 7:27 PM

SFC Ralph E Kelley — Thu, 11 Jun 2020 19:27:58 -0400

If the reset rule was a fact (which its not) then I had guys in Cold War Western Europe that would have rotated away or ETS'd before their extra duty was complete due to field, border, gunnery and annual exercises .
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I mean in the modern day Army what do you do? Deploy the guy that has 2 weeks of extra duty but only kept one - start his 2nd week once the unit recovers back at Home Station?

Response by PO3 John Jeter made Jun 11 at 2020 9:21 PM

PO3 John Jeter — Thu, 11 Jun 2020 21:21:51 -0400

Even in quarantine, especially if the soldier is asymptomstic, I’m sure there is cleaning and other such details to assign. I am, of course, referring to the quarters he/she is assigned to for quarantine. If all else fails, there has never been a deck/floor shiny enough in the history of the military world. If it’s only the two sessions left, and the troop is good enough to trust, give him some cleaning jobs to do and call it good. You can honestly say the work was assigned and completed to your satisfaction. Discipline is served, your soldier is served, and you have another item to add to your career “bag of tricks”. Plus there’s no other complications, legal or otherwise. If any questions do come up you can always say that in your military opinion that he worked hard and was a good troop who deserved a bit of a break. As Duty Master At Arms aboard ship on occasion, I exercised some discretion on extra duty assignments once in a while. Just enough to let the guy feel like he was valued.

Response by Maj John Bell made Jun 11 at 2020 9:30 PM

Maj John Bell — Thu, 11 Jun 2020 21:30:21 -0400

This is a situation where the authority that imposed the Extra Duty needs to make an intelligent decision. If I were the convening authority, unless the soldier is a lost cause, I'd suspend the lost day. When the soldier returns to duty, he'd stand before me and I'd tell him not to screw up again. If he does I'll vacate the suspension. And He can serve it after the next punishment.

Don't know if that would pass the sniff test with a JAG. Don't care.

Response by MSG Private RallyPoint Member made Jun 11 at 2020 10:16 PM

MSG Private RallyPoint Member — Thu, 11 Jun 2020 22:16:21 -0400

Need to speak with the CoC....specifically the convening authority that imposed this particular Article 15

Response by SSG Brian G. made Jun 12 at 2020 12:32 AM

SSG Brian G. — Fri, 12 Jun 2020 00:32:32 -0400

Just because he is on mandatory quarantine due to Covid means nothing as far as his Extra Duty. There is nothing by regulation that is prescribed as extra duty. It could be anything and can be carried out even under quarantine.

Response by SSG Timothy Lee made Jun 12 at 2020 1:42 AM

SSG Timothy Lee — Fri, 12 Jun 2020 01:42:45 -0400

From AR 27-10 Paragraph 3-19b(8) states in part, “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.”
Being quarantined is not at the fault of the soldier and the soldier is not incapacitated. It’s like if the soldier had 24 hour quarters, the soldier does not have to make up the day as being sick is not at fault of the soldier. I understand your personal feelings but it’s clear as day and not up for interpretation. As the Major stated, using a suspension of the remaining punishment for doing great for 28 of 30 days would be the best course of action. This doesn’t mean you should start a witch hunt. I also believe a soldier should be treated with dignity and respect upon completion of the punishment and should be given the opportunity to reform with good leadership.