Can a Commander deny transition leave solely on the basis of wanting to deny leave? What advice do you have? Where can I go for help?

2019-04-05T14:28:37-04:00

Need some help here. Currently going through a chapter for receiving an art 15 for adultery (not getting into the legal battle of legal separations etc). Long story short, I fought hard against this for over a year.
I accepted that I will now have to transition out. I put in for my 75 days of leave and asked for ptdy for job hunting, school and medical for my children. All days were denied.

Response by LTC Kevin B. made Apr 5 at 2019 2:38 PM

2019-04-05T14:38:22-04:00

Do you have a question for the people on RP?

Response by SGT Private RallyPoint Member made Apr 5 at 2019 2:39 PM

2019-04-05T14:39:27-04:00

I ran out of words and had to write the rest in a comment. My command is denying my family and I any days of transition leave with the sole reason from the company commander being he doesn't want me to have leave. No one in this unit has had their terminal leave denied, except me. I get that they are angry with me because I fought for my job but enough is enough.
My wife and 2 children are here in Hawaii with me. We asked for the ptdy so my kids can finish the last month of school and we could have a somewhat smooth transition to civilian life. Every leave form I submit doesn't even make it past the company commander's desk. I can't get them to deny my leave in writing.
Through all of this I was forced to continue with transition without leave. Now my DOS is set for April 23 unless I can get my leave in prior to that. My command made it clear they will do everything possible to not extend that date. I was even told that if HHG isn't available until after the 23rd I would have to rent a uhaul and put all of our stuff in storage and pay for that storage.
The bridge has been crossed that leave is a right not a privilege. The words saying the commander is the approval authority have been twisted to mean he/she has the discretion to deny it on their own personal opinion. I am only asking for what is right and what I earned.
To clarify, I am getting out with a general under honorable conditions discharge so I don't forfeit leave. Should have put that in from the start. Any help or advice would be truly appreciated.

Response by SFC George Smith made Apr 5 at 2019 2:56 PM

2019-04-05T14:56:56-04:00

The Commander Can Approve Leave But Transition Leave … ETS/PCS/Retirement Was Or Used To Be Approved At Battalion Or Command Above Company Based On The Unit Manning Levels. But In Most Cases, It was Never Disapproved, As Long As A Cover Letter Was Attached With Stated Goals Of SM, As You pointed Out To Resettle Your Family…
But Across The Board Sounds Like you Are Getting Hosed ... Must Have Pissed In Someones Cornflakes ...

Response by SSG Private RallyPoint Member made Apr 5 at 2019 7:12 PM

2019-04-05T19:12:03-04:00

Leave and pass is the commanders program. He has the right and authority to approve or disapprove as he see necessary. Also if you are getting chaptered you are most likely flagged. Which means you don’t get to take leave anyway.

Response by MAJ Ken Landgren made Apr 5 at 2019 7:46 PM

2019-04-05T19:46:56-04:00

I wonder if Finance can paint a picture as they may have regulations pertaining to how much leave you can sell.

Response by CPL Jeremy Glenn made Apr 6 at 2019 9:38 AM

2019-04-06T09:38:48-04:00

Two words: commander’s discretion. Especially if your indiscretion was an embarrassment to anyone in your chain of command. If I were you I’d play nice and worry more about your characterization of discharge rather than your leave days.

Just suck it up and sell your leave back when you get out.

Response by CDR Augustus Von Laendlerhaus made Apr 7 at 2019 10:18 PM

2019-04-07T22:18:41-04:00

Having experienced an Art 15, I know first hand that denying you separation leave or househunting is just cheap shot taken by leadership.
They just like denying transition leave because they can, not because it's right.