Posted on Nov 19, 2019
SPC Unit Supply Specialist
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I was just wondering if that was possible or what could possibly happen. I have 57 total days left until my ets on January 15th. And I also have 32 ETS days so I'd be taking ETS leave in December?
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SFC Retention Operations Nco
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Yes, you absolutely can. Also, leave is at the approval of your commander and they can deny all your ETS leave because you're flagged if they choose.
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SSG Ah 64 D Technical Inspector
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From AR 600-8-2:
"h. Advance or excess leave, unless granted as an exception to policy by commanders in accordance with AR600–8–10."
So, the CO cannot deny regular leave, but could deny leave if the Soldier was trying to take more leave days than they had on their LES.
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SFC Retention Operations Nco
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SSG (Join to see) - Actually, what that says is that if he's flagged the commander is not allowed to grant advance leave, which would be more leave than he already has. The regulation on Leave states that the commander is the approval for transition leave.
b. The unit commander or designee is the approval authority for transition leave requests
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SSG Ah 64 D Technical Inspector
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SFC (Join to see) - Yes, the CO is the approval authority, but transition leave is not affected by a flag, only advance or excess leave. While the CO could deny a flagged Soldier's transition leave, it might not be the best policy.
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SFC Retention Operations Nco
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SSG (Join to see) I didn't mean it to sound like the CO would deny their leave because they're flagged. I meant they may deny the leave to finish the Soldier's chapter. His question suggests that he would be gone in December before they could separate him, but they can keep him in place to separate him. If he is flagged for separation then the commander would not allow him to take leave.
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MAJ Javier Rivera
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Can you? Yes!!!! Will your CoC proceed? Hard to know, but be sure they will squeeze your neck until the very last day.

Here is a little unknown fact: Senior Commanders love units statistics, which among other things, includes unit’s APFT (or whatever it is now called). Your failure dropped this number and your command group might not be very happy. Not only that, they will carry you in the unit’s manning roster until your effective ETS, not when you sign on Terminal Leave. Which by the way, they don’t have any obligation to approve it.

Nevertheless, check they your NCO Support Channel on how they recommend to proceed. You could get a nice Christmas surprise !!!!

Best of lucks o your future endeavors !!!!!!
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MAJ Javier Rivera
MAJ Javier Rivera
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Precisely SSG Matthew Adkins!
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SFC Retention Operations Nco
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SSG Matthew Adkins - You can't be held past ETS for a chapter. The only time you can involuntarily extend a Soldier past their ETS is for a court martial
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MAJ Javier Rivera
MAJ Javier Rivera
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SSG Matthew Adkins, at the end of the day the CoC will have to make a decision on how to handle the situation. And like all of us, who have been in the service for more than just a few days, know CoCs are not the same; with their unique personalities. There are those with genuine concern for the soldier and those focused on the next 2-3 promotions. Some one with a bit of common sense would chew up his ass, thanks him for his services, and wish him well. Others, well let’s just live it at it.
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CAPT Kevin B.
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You didn't mention where you are in the process that follows the ABCP failure, i.e. counseling, opportunity to come into compliance, etc. Bottom line, the Command knows you'll be gone. The Military is like a business in that most everything is done down the path of least resistance and least level of effort. That will likely be your outcome UNLESS you give a reason not to. Either outcome is an Honorable Discharge, but pay attention to the RE Code that will wind up on your DD-214. Sometimes there are parting shots which are inappropriate, but casually slipped in. You'd need to talk to more knowledgeable folk on what the RE Code options are.
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