Posted on May 8, 2019
Does convalescent leave count towards extra duty from an Article 15?
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I have a solider who recieved a field grade article 15. And in that she recieved 45 extra duty days. Towards the end of the punishment, her appendix burst and she was put on convo leave. During the leave, those days finished up and now the company, not battalion, the ones who issued our the punishment, is adding back 20 days on it due to her being out from the medical emergency. So question is, can they actually do this ?
Legal Services
Article 15
Punishment
JAG
Posted >1 y ago
Responses: 8
In AR 27-10, Section IV, Punishment, 3-19 under "Combination and Apportionment"
(8) Combination and apportionment. With the following exception, punishment authorized under UCMJ, Art. 15(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same nonjudicial punishment proceedings, to run either consecutively or concurrently, except that restriction and extra duty may be combined in any manner to run for a period not exceeding the maximum duration that can be imposed for extra duty, by the imposing commander. Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b. (See para 3–21c, below regarding the circumstances when deprivation of liberty punishments, imposed in separate nonjudicial punishment proceedings may run consecutively.)
The key part is being the physically incapacitated. As she had appendicitis, surgery and sent on con leave, this would constitute "physically incapacitated."
(8) Combination and apportionment. With the following exception, punishment authorized under UCMJ, Art. 15(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same nonjudicial punishment proceedings, to run either consecutively or concurrently, except that restriction and extra duty may be combined in any manner to run for a period not exceeding the maximum duration that can be imposed for extra duty, by the imposing commander. Once commenced, deprivation of liberty punishments will run continuously, except where temporarily interrupted due to the fault of the Soldier, or the Soldier is physically incapacitated, or an appeal is not acted on as prescribed in paragraph 3–21b. (See para 3–21c, below regarding the circumstances when deprivation of liberty punishments, imposed in separate nonjudicial punishment proceedings may run consecutively.)
The key part is being the physically incapacitated. As she had appendicitis, surgery and sent on con leave, this would constitute "physically incapacitated."
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SSG (Join to see)
First Class is Correct!!! I fell into some crazy situation out at Ft Bliss a little over 2 decades ago when I received a company level and got 7/7 for my misdeed!!! That misdeed was because I had, who has for the last 21 years, been the CSM of my Household signed in after visitation hours!!! Twice!!! Had to mention Twice as all I got the first time was a Vocal, with(Select Colorful Adjectives at an Elevated Level),form the First Shirt!!! 3 days in during Mandatory Fun Time, I got 2nd Degree burns on the back of my legs and going into a 4 day Training Holiday!!! First Shirt came to me and said I didn't have to do extra duty for the 4 days but still on restriction!!! I said sorry TOP!!! Can't take the deal!!! I could tell he was pissed!!! I had to tell him that I had probably taken and cashed in more leave days than she, the Commander had AD days as a Capitan!!! Also told him you cant cut the 2 punishments in half!!! He said that he thought I was just some weekend warrior there for school, but had to tell him No!!! I had over 12-13 years AD and dated a Steno from the JAGOFF in Germany my last duty assignment in Overseas!!! I still think the command was always pissed off because no officer wants to do Cmd time at a school house unit!!!
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Yes. It can be stopped and started again if it benefits the soldier. IE in this case the solder when on convo leave so her time stopped at the moment she went on convo leave and when she came off, it resumed. I had a similar situation where a soldier had 45 days and midway through it he had to fly home for a family funeral. When he returned his time resumed to run the full allotted time. This is a punishment.
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NO, SIck leave does not wipe out extra duty days cause they couldn't perform the extra duty
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