Regarding Denied Leave Request

2015-11-18T20:50:14-05:00

I have a soldier that is pending court martial and is command ordered restricted to post. Soldier submitted a leave packet and is under 24 hr supervision for failure to report to formation. Soldier has not been submitted as a flight risk. Is the soldier entitled to take leave? From what I've read a soldier can still take leave if flagged. They just can't request advanced leave. Can anyone help me with this?

Response by LTC Private RallyPoint Member made Nov 18 at 2015 11:23 PM

2015-11-18T23:23:04-05:00

SSG Private RallyPoint Member if the Soldier is restricted to post, that in itself would not allow him / her to take leave. However, it is up to the command to deny leave and the pending UCMJ, I would think, would be a valid reason for the denial

Response by 1SG Private RallyPoint Member made Nov 18 at 2015 11:34 PM

2015-11-18T23:34:20-05:00

The commander can deny a leave form for any reason he/she sees fit. Leave is not an entitlement, especially if the Soldier is pending UCMJ action.

Response by SPC Brian Bay made Nov 19 at 2015 4:12 AM

2015-11-19T04:12:35-05:00

From what I read, the soldier is asking to take leave in order to get married? If the leave was granted in whole or in part, how much of an impact would that have? Does the SM have sufficient leave on the books? Will UCMJ action result in administrative military separation under chapter?

Sounds like and IG and/or JAG question to me.

Response by 1SG D S made May 11 at 2018 9:19 PM

2018-05-11T21:19:10-04:00

Hi SSH. In my experience a soldier flagged is allowed to take leave, however a soldier pending criminal proceeding through Court Martial is considered a flight risk and a danger to themselves and other. Therefore is not entitled to leave.