Posted on Mar 14, 2020
SPC 25 Q00
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I've been here for about 4 years now, and am *attempting* to ETS. Long story short, I've accrued a bunch of leave over the past few years living close to home and deployed in 2018 and 2019, having a lot of my leave fall under special leave accrual. I currently have 99 days on my leave balance, and want to take 90 days and sell the excess. Training room has told me I'm only allowed to take 60. I am supposed to start my terminal leave towards the end of April, but my leave form has been in limbo for the past week and no progress has been made.

I've read all pertinent regulations and policies and cannot find a set in stone number of days to take. Additionally, I've seen plenty of people retiring taking north of 70 days of leave just fine while being on staff duty. I have already spoken to everyone up to my company commander, but no progress is being made and I have job offers contingent on me getting out at that date. It is frustrating being told that 90 days is okay, but now that is all being thrown out the window. What is the next reasonable course of action to take?
Posted in these groups: Legal 6 LeaveTerminal Leave
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LTC Jason Mackay
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Edited 4 y ago
SPC (Join to see) work with your First line to use the chain of command to the disapproving commander. It is Command approval you seek. They may approve some, none, or all. Depending on local policy the BN CDR may have to sign the DA31. The remainder you can sell back. The "Training Room" is enforcing a verbal or written directive. It is at command discretion to approve or disapprove leave. I would also look for a command policy or installation policy as well to see if there is any other published guidance.

Your command has some responsibility here. The Commander gets a monthly Finance report, the 1SG/CDR should have seen your leave balance climbing into near triple digits. You should have been brought in and had a formal conversation about leave management. Whether they will acknowledge that is anyone's guess. The push back from the command may be you can sell some back, that the unit can't get your replacement until you ETS and off the books, or you should take leave now. Have a detailed plan. If employment or education start dates are tied to this, tell them. . Be prepared for bad news.

I sat on about the same amount of leave you had, but it was negotiated in advance how much I was taking after 22 years in uniform. I ended up sucking down some crappy duties to do that.
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MSG Sr. Budget Analyst
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Well said! Thank you for service, Sir!
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SFC Retention Operations Nco
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You won't find any regulatory guidance on max leave. You will usually find a local policy letter outlining who is authorized to approve certain amounts of leave. For most units, 90 days of leave would require a brigade commander approval. If there is no policy letter for your brigade (unlikely) then your company commander is the approval authority.
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SGT Assistant Logistics Officer (S4)
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You shouldn’t have more than 30 days, it’s use/lose. At the end of the fiscal year if leave is not taken then it is paid out.
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SFC Communications Chief (S6)
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SGT (Join to see) its 60 days at the end the fiscal year. He could have been exempt from that limit due to deployment last year. You earn 30 days per year. Completely plausable for the amount. I had 105 a few years ago when the limit was 75
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SGT Assistant Logistics Officer (S4)
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SFC (Join to see) holy smokes! How do you not loose your mind not taking leave and getting away from the big green weenie?
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MSG Sr. Budget Analyst
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I've been on this job for 19 years, never I've heard or read anywhere "shouldn’t have more than 30 days accrued leave" in the military.
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