Posted on Oct 25, 2016
SGT Team Leader
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Okay, it's been 11 calendar months since my last leave period. I was on Rear-end, then got shoved on Gate Guard for 7 months, came back and went straight to Gunnery, now am in Master Drivers Course. I need leave, my morale is drifting and I feel like I'm getting screwed. I told my PSG I would help her for Gunnery and after that I would go on leave. Now she says "Higher came down and told everyone, they can't take leave until they have use or lose days." I have 55 Day's of leave saved up not by my fault. Am I getting screwed around?
Posted in these groups: Imgres LawUcmj UCMJLegal 6 Leave
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I don't know about "screwed around," because leave policies exist for a reason. But I'm just going to commiserate with you. I've loved serving over the years, but one of our entitlements is our 30 days leave per year. I found, especially when I was with units with rapid deployment turnaround, that block leave was only ever as good as it was going to get. Fortunately, those things figure prominently into the training schedule, and you can plan vacations accordingly.
Every now and then, though, you get a sack attack from the big green weenie, especially when you're in the middle of doing what soldiers do. My advice is to try and rejuvenate morale as best you can, looking for two and four day weekends when you can, and take as much leave as you can when you finally can. If command can't accommodate, for whatever reason, and you can't convince them to hook a brother up, reframe your outlook until you can.
Wish you the best. Any time I've hit a low point, I remember that there were dudes who deployed from Alaska to Iraq who were literally sitting on the tarmac back in Alaska at what they thought was the end of their tour when it was extended out to 18 months. Be The Dude, and remember that The Dude Abides.
MSgt Michael Smith
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I have a really hard time believing this the way it is written. No commander would make a policy like that unless there was a mission-critical need for manning. Is your unit deployed? Are you in a high-threat area (Korea, etc.?)
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SSgt Michael Cox
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The only time the unit is required to let you take leave is if you are in use or loose status and then only if they are not willing to write a letter stating why you are being denied leave. The letter will allow you to roll over more than 60 days so you don't loose any. The letter looks bad on the unit and the commander though so usually you will be allowed to take leave. In my personal experience as an aircraft maintainer while assigned to a special operations unit.
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MSgt John Taylor
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You're granted 30 days of leave a year by congress, not your supervisor, your commander or the Army. Your commander is the one that manages the program and authorizes the leave request. There are many good reasons why they can deny your request at any time, but they are held accountable for them. You are also held accountable for your reasons for not being able to take leave throughout the year.

You didn't give the reason why they won't allow leaves as well as how long it's expected to last. I'm assuming that "no one below use or lose" is a temporary policy.
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SGT Dave Tracy
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Boy I wish I could tell you something different, but I suspect you already know what the deal is. Absolutely it never hurts to ask, but if you've been around the Army long enough to be an NCO, you've been around long enough to have a fair idea what to expect.

Talk further with your chain-of-command, try some of these other channels others here have mentioned. Just keep working the problem. Can't hurt. Good luck.
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PO1 Cryptologic Technician (Technical)
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Edited 8 y ago
Ouch....sorry you're going through so much. I think you can still put a chit through and see if it will be approved or denied.

What I'm concerned with now is that your morale is down. Have you spoken with a Chaps or a battle buddy about this? I'm not saying that your leave will be denied but don't ride so much on it. I know you need a break, everyone does but find a break while you can. Talk to someone.

Hope you're doing ok.
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LTC Amd Chief
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Unfortunately yes but, coming into the holiday season there should be no reason to be denied leave. However there is nothing wrong with checking if your PSG is being honest with you about the leave policy for your company and battalion. If there is a strict leave policy is usually because of CTC rotation or deployment or major training event.
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SSgt Contracting
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Members of the Armed Force, regardless of rank, performance record, or degree of official approval, are entitled to 30 days of paid leave each year of service. Entitled. Not privileged.
This entitlement is provisioned in public law. It is the will of the American people, ratified into the US Code by an act of Congress and signed into legal force by the President of the United States. It is part of the Federal budget. Americans are taxed to pay for it.
This means that to ignore this requirement is to ignore the law of the land. It’s a violation of the oath of service, which requires obedience to the law. It’s punishable under Article 92 of the Uniform Code of Military Justice. It’s also a failure of the most basic duty of leadership: safeguarding the morale and well-being of those entrusted to a leader’s charge.
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Capt Chris McVeigh
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Yes you can be denied leave if operational commitments determine it is necessary. However, "you can't take leave until it is use it or lose it" is not a valid reason for denying leave.
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SPC Phil Norton
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I don't understand what happened to the military leave can be denied according to the units readiness requirements when I was in went a month or more on unit standby that means no drinking no leaving the base no going to the px with out permission we didn't complain about being screwed when I was in the first thing you were taught was that you didn't have the right to think thinking was for nco and com I'm sorry but the new lax stand the military has taken is doing an injustice to the troops let's go back to basics if everyone gets to stop and think how does anything get done take myself as a combat medic when you hear that scream you get there in the safest possible manner but you get there you can't say nope I could get shot in fact it's our job to cover that injured soldier with our own body to protect them so that others may serve dust off or dedicated unselfish service to our fighting forces these are creeds I lived by you were not drafted you volunteered find moral in your fellow soldiers that's how we got by we leaned on each other you will never find more loyal friends then the ones you make during your time in service now leave I fought for it once and won but it was terminal leave and the co was trying to make things hard for me because I embarrassed him that's another story but I searched the library and found the section that stated that no one had the authority to hinder a soldiers transition to civilian life I presented a copy to the 1st Sgt and he gave it to the co request signed I fought for my right to leave and then after 5years of civilian life I re enlisted and then I was told my usefulness as a soldier was up devastating my humble advice embrace your time in the good and bad one day it will all be done I have PTSD 100% disabled and all I want is to be back in not for the horrors I endured but for the brotherhood hell I guess I just miss my friends good luck hold your head high your doing something most people can't do even when its just guard duty
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Cpl Rc Layne
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Have you thought about exercising your right to speak to your chain of command? Is there anything in writing stating what you were told?
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