Posted on Feb 6, 2017
My transition leave is being denied (on the basis that I should have leave during taken several block leave periods). How can I fight it?
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I requested 60 days of transition leave. It was routed through GEARS up the chain of command. When it reached my squadron CSM, it was denied with the statement "To expect him to count against our number for an additional 60 days does not seem right". After it made it to my squadron CMDR, the statement "I will approve NMT 30 days terminal leave".
Posted 8 y ago
Responses: 18
Slow down, the world has not ended.
One: yes the CSM made a statement of exasperation.... You on terminal leave for 60 days, you will be counted against his unit rolls for that entire time.. yes a known loss, and yet still a body to be accounted for.. Subject to recall from leave at any time so deemed required, UCMJ, property accountability, stop loss for deployment (I had SM pulled from terminal leave for all three reasons)
And it sucks as unit leadership to have to account for a body they will never see or make use of as a resource again..But thats the issue the command deals with when you have that much leave.
Additionally he was probable expressing confusion as to how you could have accrued that many days
The commander, made a statement, based on what he likely thought was a "right" position and authority. I'm thinking he will find his position and opinion regulated for him in due course.
And likely that will be the catalyst for him to create a policy that commanders need to be observant of accrued leave for anyone inside 180 days of ETS, and to require SM to take leave so that that they have no more than XX days at ETS>
So what to do now?
Take your leave form denied to the commander again, ask him again for reconsideration, based on no policy or regulation prohibiting you from taking 60 days of transition leave..if no, ask that they do so in writing with justification, if they wont, document the conversation yourself..,
If denied again, Make an appointment with the IG, start out with Sir I have been to the commander twice and confirmed this is his position, "Its not a complaint" but before I contact my congressmen naming the post, Troop , and company commander I wanted to make sure this is a valid reason for denying my leave? Sir that is all Im asking, nothing special, no waivers, no options, not exceptions to policy... just to take my acquired leave as I transition from the service..
At that point hand over COPIES of everything and ask that they provide a written opinion of the legality of denying accrued leave based on the commanders legal standing of "I just dont wana" Ask them if they could get to this in the next business week, so you have time to cancel the congressional inquiry being forwarded.. as that is your desire, to handle this internally..
Thank you sir, look forward to hearing from the Ig's office,.
Id bet you have an answers in just a few days
I also bet you get tasked to every shit detail that does not interferer with TAP classes required by law and regulation.
One: yes the CSM made a statement of exasperation.... You on terminal leave for 60 days, you will be counted against his unit rolls for that entire time.. yes a known loss, and yet still a body to be accounted for.. Subject to recall from leave at any time so deemed required, UCMJ, property accountability, stop loss for deployment (I had SM pulled from terminal leave for all three reasons)
And it sucks as unit leadership to have to account for a body they will never see or make use of as a resource again..But thats the issue the command deals with when you have that much leave.
Additionally he was probable expressing confusion as to how you could have accrued that many days
The commander, made a statement, based on what he likely thought was a "right" position and authority. I'm thinking he will find his position and opinion regulated for him in due course.
And likely that will be the catalyst for him to create a policy that commanders need to be observant of accrued leave for anyone inside 180 days of ETS, and to require SM to take leave so that that they have no more than XX days at ETS>
So what to do now?
Take your leave form denied to the commander again, ask him again for reconsideration, based on no policy or regulation prohibiting you from taking 60 days of transition leave..if no, ask that they do so in writing with justification, if they wont, document the conversation yourself..,
If denied again, Make an appointment with the IG, start out with Sir I have been to the commander twice and confirmed this is his position, "Its not a complaint" but before I contact my congressmen naming the post, Troop , and company commander I wanted to make sure this is a valid reason for denying my leave? Sir that is all Im asking, nothing special, no waivers, no options, not exceptions to policy... just to take my acquired leave as I transition from the service..
At that point hand over COPIES of everything and ask that they provide a written opinion of the legality of denying accrued leave based on the commanders legal standing of "I just dont wana" Ask them if they could get to this in the next business week, so you have time to cancel the congressional inquiry being forwarded.. as that is your desire, to handle this internally..
Thank you sir, look forward to hearing from the Ig's office,.
Id bet you have an answers in just a few days
I also bet you get tasked to every shit detail that does not interferer with TAP classes required by law and regulation.
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CW3 (Join to see)
While I agree with your last paragraph, SGM Marquez, it still doesn't make it right. Metrics over mission wins again!
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PV2 (Join to see)
CW3 (Join to see) - What about in the instance that the service members terminal leave starts a week or two after their unit goes to NTC for a month, then returns just in time for all the 4 day holiday weekends (NOV) and holiday block leave (DEC) time frame? Is denial still justifiable simply due to the narrow minded view that the soldier will still be on the "books" without a body to account for. That's foolish and unreasonable, Sir. One cannot simple make rash decision without considering all relevant facts, just because "they can". There has to be a clear valid/logical justification. If the justification has not substance and the decision causes any negative effect on the soldiers future (lose a potential job office) due to the decision, the soldier can file a formal complaint against the commander for wrong doing (AR 138).
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I don't have any advice in this case, but I wonder if it's a coincidence that the unit is loosing a soldier after seeing how the soldier is being treated on ETS?
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I'm sure the Army "counts noses" differently than the AF does but when I was the Readiness NCO for a deployable unit, anyone who was a KNOWN LOSS (ie: ETS within 120 days) was already reported as a vacancy. If the CSM and/or CMDR is saying "I have to have this one guy or my mission fails", then they have already failed IMO. I'd talk to your S1 and possibly your IG office. They might be able to give you options or point to the appropriate policy/regulation/rule that governs the situation.
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MAJ (Join to see)
Agreed....I actually had 90...before they reduced it back down to 60 and since I was retiring I got 20 days of PTDY on top of that...for a total of 110 days not counting the 10 working days to clear the installation...however I was not overseas and I was tracked as a loss @ 180 days out...I did not have any Command problems, but I did work with passion all the way to the very last day before my terminal leave started. I think this situation happens more so with the enlisted personnel....I have heard also of Officer Personnel in critical position(s) get denied....mostly medical. As a Commander, I never denied anyones terminal leave...but I have denied ordinary leave for mission related reasons....
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