Ordering to burn leave days?

SFC Private RallyPoint Member — Tue, 13 Oct 2020 22:21:58 -0400

Can a chain of command in the Army National Guard make a soldier burn leave days towards end of orders in order to have everyone out process on the same day with the same number of leave days for terminal leave? I know a soldier that was told he'd have to burn his some leave days instead of requesting a mileage pass so he can get below 15 days leave. Is this legal?

Response by SSgt Private RallyPoint Member made Oct 14 at 2020 2:23 AM

SSgt Private RallyPoint Member — Wed, 14 Oct 2020 02:23:12 -0400

That can be a 2 sided blade. Can they make him take leave, not really. What the command does have control over is how many days of terminal leave they authorize. So if they are saying they are only authorizing # of days, even if its bullshit to ease their workload, that they can do. And in that case it is always better to take leave rather than sell it or loose it. But leave at least for us can only be denied by the CO, so that may be a battle he wants to fight.

Response by LTC Private RallyPoint Member made Oct 14 at 2020 8:39 AM

LTC Private RallyPoint Member — Wed, 14 Oct 2020 08:39:17 -0400

I fought this battle for a couple of E4s my last deployment. HHC CO tried to make a policy that all E4 and below had to take 2 weeks R&R leave during the deployment. there were 3-4 E4s who wanted to save their leave. The answer I got from JAG was: Leave is like pay, they can't tell you when to spend it. They can deny a leave request but they cannot force you to take it unless they have a letter from a doctor/mental health provider stating you need to take leave.

Response by SGM Private RallyPoint Member made Oct 15 at 2020 9:02 AM

SGM Private RallyPoint Member — Thu, 15 Oct 2020 09:02:41 -0400

Most states have a specific leave policy for long-term ADOS/GDOS that says the Soldier cannot accrue more than 7 days leave at a time, i.e must take leave periodically throughout the year to avoid having the Soldier out on leave for the whole final 30 days of that order, as well as to avoid remaining leave on the books.

And right now, there are more than a few states that are in the position of having thousands of ADOS soldiers on COVID/CARES ACT orders that need to burn their accrued leave at staggered intervals and/or the end of orders to ensure that all remaining requirements at skilled nursing facilities, food banks and other supported entities are met through the end of mission.

And yes, a commander can designate specific periods for leave (block leave), and deny a leave request.
And yes, a commander can deny a mileage pass in lieu of leave, that doesn't just happen on ADOS, that happens on active duty and with AGRs.