Is denying leave due to 350-1 legal?

SPC Private RallyPoint Member — Wed, 02 Sep 2020 17:54:43 -0400

Is it legal for a commander to deny leave if 350-1 training isn't complete? I've seen this battle fought and won, and also remember seeing something passed by congress stating that leave is a right that you've earned.

Response by LTC Jason Mackay made Sep 2 at 2020 5:57 PM

LTC Jason Mackay — Wed, 02 Sep 2020 17:57:14 -0400

Leave is at the discretion of the Commander. AR600-8-10

Response by SGM Private RallyPoint Member made Sep 2 at 2020 6:04 PM

SGM Private RallyPoint Member — Wed, 02 Sep 2020 18:04:38 -0400

Yes, it is legal.

Leave is an entitlement, that's why it is called a LEAVE and Earnings Statement. You earned it.

However, WHEN you take leave is at the discretion of the commander.

Response by MSG Private RallyPoint Member made Sep 2 at 2020 6:05 PM

MSG Private RallyPoint Member — Wed, 02 Sep 2020 18:05:45 -0400

Here is my question: Why wasn't the required training completed?

Response by CMSgt James Nolan made Sep 2 at 2020 6:24 PM

CMSgt James Nolan — Wed, 02 Sep 2020 18:24:58 -0400

Yes it’s a right.
It is at discretion of Commander.
It’s why they call it a leave request.

Response by SGM Bill Frazer made Sep 2 at 2020 9:52 PM

SGM Bill Frazer — Wed, 02 Sep 2020 21:52:50 -0400

1. You are so wrong- Congress has passed nothing like that. Leave is still controlled by the Commander, and if they decide a course of training which must be done prior to leave submission, then you didn't meet the requirements. If you saw it and someone won- there may have been mitigating circumstances brought into play, cause I have never seen it happen.

Response by SFC Private RallyPoint Member made Sep 2 at 2020 10:28 PM

SFC Private RallyPoint Member — Wed, 02 Sep 2020 22:28:54 -0400

Leave is a Commanders program, if the Commander has a policy stating all training has to be complete prior to an approval of leave, he has the right to deny any leave request. What reason would you have to not complete a required training?

Response by SSG Robert Perrotto made Sep 2 at 2020 11:17 PM

SSG Robert Perrotto — Wed, 02 Sep 2020 23:17:37 -0400

absolutely legal. He is not taking away your leave, you will still have the days accrued, what he is doing is ensuring that training requirements are met. Commanders have an obligation to meet the training requirements as put forth by the Army. Does it suck, sure, but this is not the first nor will it be the last time leave was denied or delayed due to training requirements not being met. Mission first SPC.

Response by Sgt Private RallyPoint Member made Sep 2 at 2020 11:26 PM

Sgt Private RallyPoint Member — Wed, 02 Sep 2020 23:26:28 -0400

Mission comes first in the military. If training has not been completed, denying leave can be enforced. During my civilian career, we had to complete all training before we could go on vacation. We better not plan a vacation if we had an upcoming mission to support. Our phones were randomly monitored, we had random drug tests and internet use was monitored. Month after month, we had folks fired for failing a drug test or going to the wrong site on the internet. No second chances, two security guards would escort you out of the building. if someone follows the rules and requirements, they should not have a problem in the military or civilian life.