Posted on Sep 2, 2020
SPC Signals Intelligence Analyst
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Is it legal for a commander to deny leave if 350-1 training isn't complete? I've seen this battle fought and won, and also remember seeing something passed by congress stating that leave is a right that you've earned.
Posted in these groups: Legal 6 LeaveImgres Law
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Responses: 8
LTC Jason Mackay
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Leave is at the discretion of the Commander. AR600-8-10
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SPC Signals Intelligence Analyst
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Thank you, I just skimmed the reg and CTRL+F to search for my answers, this is a huge help to have the reg given timely, thanks again Sir
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LTC Jason Mackay
LTC Jason Mackay
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SPC (Join to see) you will not find an IF-THEN-ELSE statement in AR600-8-10, 350-1, or 600-20 about training compliance and leave. Can they? Yep. Should they? Maybe. Universally applied to all leave? To a point.
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SGM G3 Sergeant Major
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Yes, it is legal.

Leave is an entitlement, that's why it is called a LEAVE and Earnings Statement. You earned it.

However, WHEN you take leave is at the discretion of the commander.
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MSG Intermediate Care Technician
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Here is my question: Why wasn't the required training completed?
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SPC Signals Intelligence Analyst
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MSG (Join to see) yea I understand SFC, was just posting the question to help my understanding and be sure that my brothers and sisters are properly taken care of. Thank you for helping!
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MSG Intermediate Care Technician
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SPC (Join to see) - Tell your buddies, and remember this yourself. NEVER listen to the barracks lawyers. Always do research yourself. The US Army Publishing Directorate is a great database to find all the Regs, TMs, TCs, DD/DA forms, etc..
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SPC Signals Intelligence Analyst
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LTC Jason Mackay Sir, the only reason I brought all of it up is because I've personally seen the battle in favor of denying the leave for that reason being not okay, I wasn't sure how that happened and I don't know the specifics of how it was won. So I wanted to be sure I had my information correct before bringing it up to anyone and looking bad
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SGM G3 Sergeant Major
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SPC (Join to see) - Just because it is a "bother" or inconvenience or a even a "morale killer" for Soldiers does not make it unethical or illegal.
You'll eventually find it is no different in any civilian job:
You're not going home early or taking vacation until you are caught up on your work.
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