Is it lawful to counsel someone for not filling out a leave form?

2019-05-23T19:19:53-04:00

I recently record a 4856/negative counseling for failure to obey order to fill out a leave form. Am I forced to take leave? I didn’t want to and did not and the command gave me a negative counseling for it .

Response by SFC Private RallyPoint Member made May 23 at 2019 8:17 PM

2019-05-23T20:17:18-04:00

Let's clarify a few things.
Is it legal? Refers to the legality of doing a thing. I promise you there are no laws anywhere written about counseling statements
Second, you can be counseled about literally anything, anywhere, at any time. A counseling statement is simply a record of a written discussion.
Third, a counseling statement is not a punitive action. It is not punishment, and even though it may be called a negative counseling, there is nothing that is actually negative about it. The counseling statement cannot hurt you. It is intended to show a pattern of behavior over time.
Finally, Commanders have a wide latitude and how they utilize UCMJ. UCMJ is not a strict regulation that forces Commanders punish soldiers, as soon as they receive a few negative complaints. The wide latitude allows Commanders to use their judgment and common sense in how and when discipline for punishment is applied. Now, imagine yourself as a commander and someone approach to you and requested that you support an Article 15 because the soldier did not take leave. It doesn't add up and it doesn't make sense.
So, in summary, you can be counseled for anything, and counseling statements do not equal UCMJ

Response by SGT(P) Private RallyPoint Member made May 24 at 2019 12:05 AM

2019-05-24T00:05:06-04:00

There is no such thing as a "Negative counseling" PVT. You didn't give enough information of why you received this counseling and whether or not there was any corrective action.

Response by CPT Lawrence Cable made May 24 at 2019 10:17 AM

2019-05-24T10:17:32-04:00

If your question is can the Commander dictate the periods when he will approve leave, the answer is absolutely. Most units have periods of Block leave based around major holidays and the training schedule when leave is allowed, all others depend on the need of the unit and the Commander's approval. So while you are guaranteed leave by Federal Law, the Commander gets to pick when you get to take it.

Response by SGM Bill Frazer made May 24 at 2019 12:21 PM

2019-05-24T12:21:10-04:00

Look when units are stick with doing block type leaves due to deployment special training exercises etc. ta=hat means you will have one chance and only one chance to take leave. If they told you to fill one out and you didn't, then Yes they can do a negative counseling cause you didn't follow their orders. The damage of 1 negative out of the 5-13 counseling you normally would receive in a year is rather negligible unless you are a sad sack.

Response by SSG Dave Johnston made May 24 at 2019 8:57 PM

2019-05-24T20:57:50-04:00

PVT Daesean:
You never specified the "Reason" for the DA 31...:
1. Travel out side of a Command Specified radis of: 50/75/100/ etc. miles.
2. 3 or 4 day Pass on a non-federal holiday.
3. A birth; yours or your close relative and your technically AWOL with out the Document
4. Leave in conjunction with TDY or PCS Move...
5. A funeral.
6. Held for questioning of an investigation into ?X?X?X?
7. Block leave.

So before you do anything at all, please correct your initial post as to [{"WHY"}] you were asked to fill out the DA 31[Request and Authority for Leave] and then maybe we can correctly respond to your query; otherwise, you may be shooting yourself in the foot by following the well intentioned guidance of those who have so far responded to your post.