Posted on Feb 19, 2021
What should I do if I am not allowed to take emergency leave because my S-1 didn't update my loco parentis from our SRP?
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I’m currently forward deployed to a area and I received a Red Cross message. The person that’s passed is my Uncle but he qualifies as my parent because he’s helped raise me from birth to the time I left the house for the military. Under the same roof and everything. The higher ups in my chain of command are denying my emergency leave because they said he’s not on my loco parentis when I know for a fact that he is. S-1 didn’t update from SRP. So know their saying that I can’t take my emergency leave. Is this it? Is this where I should let it end or is their something else that’s possible for me to do to take my emergency leave??
Any help is welcome
Any help is welcome
Leave
American Red Cross
Deployment
Posted 4 y ago
Responses: 7
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Whether your uncle is your loco parentis or not you're not "entitled" to emergency leave. You are "authorized" to take emergency leave when a parent or loco parentis passes. Your commander can deny emergency leave for whatever reason they feel is necessary if there is a practical reason. We've had Soldiers missing parents funerals all over the country because of COVID restrictions.
So, the problem here isn't your S1 or your uncles loco parentis status, because that doesn't guarantee you can take emergency leave. There is only one person who decides whether or not you can take emergency leave and that's your commander. He can deny your emergency leave even if it's your parents and he can approve it even if it's not your parent. State your case to your commander. There is no other person who can approve or deny your leave and there's no way around that
So, the problem here isn't your S1 or your uncles loco parentis status, because that doesn't guarantee you can take emergency leave. There is only one person who decides whether or not you can take emergency leave and that's your commander. He can deny your emergency leave even if it's your parents and he can approve it even if it's not your parent. State your case to your commander. There is no other person who can approve or deny your leave and there's no way around that
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1LT William Clardy
Exactly right, SFC (Join to see).
Approving leave, emergency or not, is entirely within a commander's discretion.
That still applies regardless of policies spelling out criteria for when an emergency leave should (or should not) be approved. Policies are only guidelines, and the only penalty for ignoring some policy-based requirement is (maybe) having to explain to the person who signed off on that policy why it was ignored.
So your only real options are to either convince your commander to change his mind or find a higher link in your chain of command who would be willing to over-rule him (and there are always repercussions for going that route, even when you win the initial skirmish).
Approving leave, emergency or not, is entirely within a commander's discretion.
That still applies regardless of policies spelling out criteria for when an emergency leave should (or should not) be approved. Policies are only guidelines, and the only penalty for ignoring some policy-based requirement is (maybe) having to explain to the person who signed off on that policy why it was ignored.
So your only real options are to either convince your commander to change his mind or find a higher link in your chain of command who would be willing to over-rule him (and there are always repercussions for going that route, even when you win the initial skirmish).
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SFC Casey O'Mally
SFC (Join to see) is spot on. Additionally, you are coming across in this post as a little bit spoiled and entitled. I am going to give you the benefit of the doubt and assume it is because you are a bit out of sorts and stressed. But before you DO go and make your case to the Commander, make sure your head is screwed on straight. Emotion is OK, and understandable if your uncle really was like a dad to you. I am not at all saying you should not FEEL. But if you sound whiny and/or entitled, that is NOT a helpful look when trying to convince your Commander to change his/her mind.
Additionally, LTC Kevin B. gave some great advice for when you go see the Commander.
Additionally, LTC Kevin B. gave some great advice for when you go see the Commander.
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SPC (Join to see)
Thank you SFC Jason Boyd & 1LT William Clardy. Imma try having a talk with my CO with PSG today schedules pending as a last push to see if he’ll change his mind. Thank you both for the advice
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Commanders have final authority to approve/deny leave to include emergency leave. If this is just a paper drill where the information isn't filled out correctly work with your leadership and S-1 if updating the paperwork will scratch the itch. But you need to verify whether this is the Commander making the call as they see it or if the paperwork wasn't filled out correctly. If the Commander is denying it because they decided that's their ability to do so.
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LTC Kevin B. - do you have any thoughts on this as a senior leader? As an operations NCO I had to deal with something similar but my records were on lock and I was able to get the troop home from Iraq within 48 hours. Not sure what to do when the paperwork is jacked up.
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LTC Kevin B.
Sounds like the two best options are to:
a) Use the open door policy to appeal directly to the chain of command. I would skip any lower-level leaders to go directly to the commander (approving authority) and ask that they approve it. The SM would need to have any documentation on-hand (even if in electronic form) to help make their case. I'd even consider going to the next higher commander. The issue here may be the SM's physical proximity, given the deployment.
b) Make a Congressional complaint. The SM could do it, or someone stateside could submit one on the SM's behalf.
a) Use the open door policy to appeal directly to the chain of command. I would skip any lower-level leaders to go directly to the commander (approving authority) and ask that they approve it. The SM would need to have any documentation on-hand (even if in electronic form) to help make their case. I'd even consider going to the next higher commander. The issue here may be the SM's physical proximity, given the deployment.
b) Make a Congressional complaint. The SM could do it, or someone stateside could submit one on the SM's behalf.
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SPC (Join to see)
Rgr Sir. Imma try to talk with today. Hopefully our talk goes well and I don’t have to try that congressional complaint. LTC Kevin B.
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