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If a Soldier is on extra duty for 30 days, can a commander break those days up? Situation: Soldier is currently getting divorced and has a child to look after while separated spouse is at work. If the 1SG and CSM agree to work around that work schedule, can they make that Soldier make up those days he is watching his child? Can those 30 days last as long as it takes to complete 30 actual days of extra duty? Please provide some regulation proof. I have not been able to find anything about this.
Posted in these groups: 
UCMJ
UCMJ
Edited 4 y ago
Posted 4 y ago
Responses: 9
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I agree with SFC Kelly Fuerhoff's information and MSG Joseph Cristofaro's interpretation per AR 27-10 Para 3-21. Its not a good thing for officers, commanders or otherwise to 'interpret' regulations without consulting their unit's JAG.
I know of a company commander (not mine) who tried that with a soldier in Europe. He had to explain himself to the soldier's State Representative, his State Governor, his district's US Representative and both of his State's US Senator's, in-written form. All were prior service military.
The soldier's mother had contacted them.
Three months afterward he was shuffled off a S4 position in another unit. Last I heard he left the service as a Captain about 8 months later.
I know of a company commander (not mine) who tried that with a soldier in Europe. He had to explain himself to the soldier's State Representative, his State Governor, his district's US Representative and both of his State's US Senator's, in-written form. All were prior service military.
The soldier's mother had contacted them.
Three months afterward he was shuffled off a S4 position in another unit. Last I heard he left the service as a Captain about 8 months later.
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AR 27-10, dated November 2020
Section IV - Punishment
Para 3-19 (4):
(4) Extra duties. Extra duties may be required to be performed at any time and, within the duration of the punishment, for any length of time. No extra duty may be imposed that—
(a) Constitutes cruel or unusual punishment or a punishment not sanctioned by the customs of the Service; for example, using the offender as a personal servant.
(b) Is a duty normally intended as an honor, such as assignment to a guard of honor.
(c) Is required to be performed in a ridiculous or unnecessarily degrading manner; for example, an order to clean a barracks floor with a toothbrush.
(d) Constitutes a safety or health hazard to the offender.
(e) Would demean the Soldier’s position as a NCO or SPC (see AR 600–20)
Also:
(7) Combination and apportionment. With the following exception, punishment authorized pursuant to UCMJ, Art. 15
(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same NJP 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 regarding the circumstances when deprivation of liberty punishments, imposed in separate NJP proceedings may run consecutively.)
(8) Format for punishments. The formats shown below should be used when entering punishments in item 6 of DA Form 2627. When more than one punishment is imposed during any single UCMJ, Art. 15 proceeding, punishments should be listed in the following order, as appropriate, reduction, forfeiture of pay, deprivation of liberty, and admonition/reprimand.
Section IV - Punishment
Para 3-19 (4):
(4) Extra duties. Extra duties may be required to be performed at any time and, within the duration of the punishment, for any length of time. No extra duty may be imposed that—
(a) Constitutes cruel or unusual punishment or a punishment not sanctioned by the customs of the Service; for example, using the offender as a personal servant.
(b) Is a duty normally intended as an honor, such as assignment to a guard of honor.
(c) Is required to be performed in a ridiculous or unnecessarily degrading manner; for example, an order to clean a barracks floor with a toothbrush.
(d) Constitutes a safety or health hazard to the offender.
(e) Would demean the Soldier’s position as a NCO or SPC (see AR 600–20)
Also:
(7) Combination and apportionment. With the following exception, punishment authorized pursuant to UCMJ, Art. 15
(b) may be combined: No two or more punishments involving deprivation of liberty may be combined, in the same NJP 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 regarding the circumstances when deprivation of liberty punishments, imposed in separate NJP proceedings may run consecutively.)
(8) Format for punishments. The formats shown below should be used when entering punishments in item 6 of DA Form 2627. When more than one punishment is imposed during any single UCMJ, Art. 15 proceeding, punishments should be listed in the following order, as appropriate, reduction, forfeiture of pay, deprivation of liberty, and admonition/reprimand.
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SFC Kelly Fuerhoff
SPC (Join to see) - You might want to go talk to JAG. I'm not legal expert. But that says it has to be done within the duration of the punishment. If it's 30 days, it has to be done within 30 days from when that 30 days starts.
Again I would go talk with legal.
Again I would go talk with legal.
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LTC Jason Mackay
SFC Kelly Fuerhoff - says punishment is "continuous" in your excerpt. The Command may be trying to give the kid a break while punishing by accommodating child supervision or avoiding the phone call from the estranged spouse. I think the spirit of the regulation and MCM is to simply get the punishment done and over with so life can go on.
I can also see a situation where this approach is taken with extra duty where they only assign extra duty on SAT/SUN, and drag it out over 4 months
I can also see a situation where this approach is taken with extra duty where they only assign extra duty on SAT/SUN, and drag it out over 4 months
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SFC (Join to see)
I’m would have to agree with MSG Joseph Cristofaro on this one. My interpretation is that the soldier interrupted the extra duty by needing to care for their child which the command could have said tough luck you will see them when your done. Seems the command is attempting to be understanding and the soldier learned little to nothing from their NJP and is trying to get over.
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