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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.
Posted >1 y ago
Responses: 8
SPC (Join to see)
Thank you, I just skimmed the reg and CTRL+F to search for my answers, this is a huge help to have the reg given timely, thanks again Sir
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LTC Jason Mackay
SPC (Join to see) you will not find an IF-THEN-ELSE statement in AR600-8-10, 350-1, or 600-20 about training compliance and leave. Can they? Yep. Should they? Maybe. Universally applied to all leave? To a point.
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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.
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.
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SPC (Join to see)
MSG (Join to see) yea I understand SFC, was just posting the question to help my understanding and be sure that my brothers and sisters are properly taken care of. Thank you for helping!
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MSG (Join to see)
SPC (Join to see) - Tell your buddies, and remember this yourself. NEVER listen to the barracks lawyers. Always do research yourself. The US Army Publishing Directorate is a great database to find all the Regs, TMs, TCs, DD/DA forms, etc..
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SPC (Join to see)
LTC Jason Mackay Sir, the only reason I brought all of it up is because I've personally seen the battle in favor of denying the leave for that reason being not okay, I wasn't sure how that happened and I don't know the specifics of how it was won. So I wanted to be sure I had my information correct before bringing it up to anyone and looking bad
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SGM Jeff Mccloud
SPC (Join to see) - Just because it is a "bother" or inconvenience or a even a "morale killer" for Soldiers does not make it unethical or illegal.
You'll eventually find it is no different in any civilian job:
You're not going home early or taking vacation until you are caught up on your work.
You'll eventually find it is no different in any civilian job:
You're not going home early or taking vacation until you are caught up on your work.
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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?
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SPC (Join to see)
This question is more of a theoretical to be honest, I have seen it bw an issue because (yes I understand this excuse is gonna be a poor one) military websites don't work even in the best of conditions. Now with COVID being a factor and not everyone having reliable access to a computer, the issue has become more prevalent than ever. The question has been answered numerous times, however I was trying to look out for my brethren in this time of need based on previous experiences I've had with this issue.
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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.
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SPC (Join to see)
Yea, after reading the regulation and discussing this topic with many people that have replied to my question, I understand that now. I was just making sure that everything was correct on my end before doing anything "rash". I wish; at this point, I had more information on the fight that was won because as it stands now, I was harshly misunderstanding. I appreciate your input and only hope that everyone that has seen this post can see how something like this will effect their subordinates and their moral. I hope my reply doesn't sound rude in any way SGM, I'm reading this like 10 times making sure I'm not coming off the wrong way
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SGM Bill Frazer
No John, you said what you heard- no problem. Just keep in mind the service has been around over 200 yrs, lawyers and Congress review the UCMJ on a regular basis- there are damn few loopholes in it when they get done. Also remember that a smart Co before they put something out that might cause problems- normally run it thru JAG. Had a bad LTC giving Art15 (field grade) to all for walking on grass outside HG- he put it in writing. Many folks were slammed - JAG didn't like it, but it was legal- fortunately the senior folks appealed decision so their careers weren't ruined.
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Yes it’s a right.
It is at discretion of Commander.
It’s why they call it a leave request.
It is at discretion of Commander.
It’s why they call it a leave request.
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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.
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SPC (Join to see)
I 100% agree with you there SGT, I just feel like we can complete the same effect without making leave so difficult to take. Working with other branches I've seen people say "yo I'm taking leave" and that's that. With the trainings, allow the team/squad/platoon leads handle it, the army is all about counseling forms so we can verify training is being complete that way and not have threats of leave being denied. I'm really bringing this topic up now because due to COVID, not every SM has reliable access to a computer let alone access to a military website this is shotty at best
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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.
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