Can COs lawfully restrict or refuse leave for someone who does not take the COVID shot?

SGT Kenneth Partyka — Wed, 05 May 2021 11:12:29 -0400

I have been hearing stories about CO's refusing leave or restricing SMs to post because they have not taken the COVID shot. The Military HAS NOT made the shot mandatory. What would be the recourse for an SM who is CLEARLY being discriminated against? Using Open-Door and going up the Chain or Command, contacting JAG...?

Response by MSG Gary Eckert made May 5 at 2021 11:28 AM

MSG Gary Eckert — Wed, 05 May 2021 11:28:50 -0400

Commanders are traditionally given wide latitude on unit readiness. While they probably cannot refuse leave forever, they can establish policies concerning taking leave in “hot spots” and then deny the ETP for Soldiers at greater risk. You know that is possible because those policies have been in effect for since COVID, started.

Response by SSG Edward Tilton made May 5 at 2021 11:45 AM

SSG Edward Tilton — Wed, 05 May 2021 11:45:16 -0400

Sounds like a decision should be made by Medical Personnel

Response by LTC Eugene Chu made May 5 at 2021 11:46 AM

LTC Eugene Chu — Wed, 05 May 2021 11:46:10 -0400

Leave for someone who does not take the COVID shot can also depend on location. Some countries want proof that a traveler is vaccinated before allowing entry. If a SM is going overseas for leave, a CO could technically ask about or restrict leave if the SM does not have a passport or other requirements

Response by CWO3 Private RallyPoint Member made May 5 at 2021 11:52 AM

CWO3 Private RallyPoint Member — Wed, 05 May 2021 11:52:57 -0400

Command is absolute. Commanders can do almost anything, provided it passes legal muster. It may not pass the smell test, but there it is. They can claim operational readiness etc. If it is out of line, seniors will intervene.

Response by SSG Dale London made May 5 at 2021 11:59 AM

SSG Dale London — Wed, 05 May 2021 11:59:15 -0400

Yes, a CO can restrict or refuse your leave. He does not even have to give a reason. While you do accrue 30 days of leave a year, the if, when and how of your leave is entirely at the discretion of the CO.
This is a complex question with lots of twists, turns and loopholes but the upshot of it is that if you fight your CO on this, you might force his hand on the leave, but it you might also find it costs you more than it is worth -- especially if you want to make the army a career.
Don't forget that your CO signs your NCOER. He might tag you with something like "Soldier is obstructive to command policies" or "Sergeant so-and-so lacks commitment to key leadership traits" in the endorser section -- anything like that would be a death blow at the E-7 board.

Response by MSG Private RallyPoint Member made May 5 at 2021 12:32 PM

MSG Private RallyPoint Member — Wed, 05 May 2021 12:32:44 -0400

Commanders can deny/restrict Leave if they so choose to. For example, if the SM in question wants to take Leave in a country that requires proof of vaccination but the SM refuses to get it, then the Commander deny/restrict Leave for that. It can also be seen as a Medical Readiness issue where the unvaccinated SM intends to travel to a known hot spot for COVID.

Response by LTC Private RallyPoint Member made May 5 at 2021 12:40 PM

LTC Private RallyPoint Member — Wed, 05 May 2021 12:40:39 -0400

Sounds like a good question for IG

Response by SFC Casey O'Mally made May 5 at 2021 1:44 PM

SFC Casey O'Mally — Wed, 05 May 2021 13:44:47 -0400

Commanders Command. Period. "Can a Commander....?" YES. Unless it is illegal, immoral, or unethical. Yes.

Restricting movement of unvaccinated personnel during a global health crisis - also known as a pandemic - is not only legal, it is in many cases advisable for the health of not only that individual, but for the entire unit.

Response by MSgt Private RallyPoint Member made May 5 at 2021 2:20 PM

MSgt Private RallyPoint Member — Wed, 05 May 2021 14:20:13 -0400

My only caution to you is have proof and not just stories. Rumors and false information can ruin careers. But to answer your question, commanders have a lot of leeway so long as their actions are not illegal or immoral.

Response by SSgt Christophe Murphy made May 5 at 2021 3:00 PM

SSgt Christophe Murphy — Wed, 05 May 2021 15:00:39 -0400

Commanders can approve/deny leave at their discretion. It really depends on the individual, on the Commander and the context of the situation. The SM could do alot of things but before they throw caution to the wind they need to verify the variables and be certain why the Commander denied their leave. Because if they cry mistreatment and toxic leadership and it's discovered there is something else going on it will bite them in the tail

Response by SGT Kenneth Partyka made May 5 at 2021 3:38 PM

SGT Kenneth Partyka — Wed, 05 May 2021 15:38:30 -0400

I appreciate all the responses. The SM in question is stationed stateside so it is not a matter of laws in a country as its the US. I get combat readiness for sure but it seems arbitrary when the CO has said he wants 100% compliance even though the military is not mandating the shot. This is also the case for all members in the unit. If you haven't gotten the shot, you are restricted to base/leave denied so it's not a matter of accrued leave or a SMs status

Response by SFC Kelly Fuerhoff made May 5 at 2021 6:27 PM

SFC Kelly Fuerhoff — Wed, 05 May 2021 18:27:18 -0400

Yes a commander can deny leave basically for any reason he or she wants if it's going to affect unit readiness. If they start denying leave based on EO protected categories or things in that lane, that's where it probably gets into legal territory.

I think it's pretty stupid to deny leave if someone doesn't have a vaccine that's not even mandatory yet. Some units are not denying leave but if you're not vaccinated and going out of state, you have to get BN CDR approval.

Someone asked the SMA this question on Twitter. He basically said it's commander's discretion on how to manage readiness in their units. I can't find the tweet but it's there.

Response by SFC Kelly Fuerhoff made May 5 at 2021 6:27 PM

SFC Kelly Fuerhoff — Wed, 05 May 2021 18:27:36 -0400

Response by SFC Private RallyPoint Member made May 5 at 2021 6:39 PM

SFC Private RallyPoint Member — Wed, 05 May 2021 18:39:44 -0400

We hear lots of stories but they're usually just stories. I have certainly never heard of anyone being restricted to post for not being vaccinated unless there were other local requirements in place

Commanders have the ultimate authority when it comes to leave. The Army has also directed that Commanders will not punish Soldiers for not taking the voluntary shot. If the Soldier feels that the Commander created a policy that goes against that, they can take it to IG. However, if there is any local guidance restricting movement and the policy aligns with that guidance, it is within policy

Response by SSG Edward Tilton made May 5 at 2021 6:42 PM

SSG Edward Tilton — Wed, 05 May 2021 18:42:59 -0400

I am with the Commander. Actually I will do him one better, I think that everyone in the military should be inoculated, period. An unvaccinated spreader is a threat to everyone he/she comes in contact with.

Response by CW4 Guy Butler made May 5 at 2021 7:53 PM

CW4 Guy Butler — Wed, 05 May 2021 19:53:59 -0400

Ft Drum policy as of 17 March 2021:

https://home.army.mil/drum/application/files/7816/1608/9040/Fort_Drum_General_Order_1G.pdf

So, yes. Yes, they can.

Fort_Drum_General_Order_1G.pdf

Response by SGT Frances Richardson made May 6 at 2021 10:01 AM

SGT Frances Richardson — Thu, 06 May 2021 10:01:52 -0400

Discriminated against? Lol, chill out.