Can the Army force you to lose out on terminal leave days due to DA31's not getting approved?

2020-09-08T12:27:33-04:00

TL;DR Suspected incompetence has forced me to exceed the start day of my terminal leave, where to go from here?

So this is a hard ball, recently I've put in for terminal leave exceeding 60 days. Even though I had pushed out all the necessary documents 4 months ago as of today and constantly (almost daily) requested a status on it, I have yet to hear anything. Since then, I have resubmitted over a dozen new DA31's, some splitting the days into regular leave and then terminal leave, some in paper, most digital. Regardless of my attempts, I am now several days past when my leave should have started, and I am being forced to sell off several days of my entitled leave. Frankly, this is the most frustrating thing I have dealt with in my military career, bar none. I believe the culprit is miscommunication on the battalion to company levels and negligence. However the case, I believe my leave to start eventually even though some days are now lost.

My frustration might be clouding my understanding of the process, and more importantly, the legality of the situation. I know most of the people personally who handle these documents, so I have always given the benefit of the doubt. I rarely was given feedback until it was too late and I would have to restart the process. The instances a DA31 did get past company level, it was never to be heard from again.

The question I have for the RallyPoint community is if what is happening truly is negligence? I'm at this time looking for clarification on the legality of this situation and if there should be steps taken to ensure the safety of the rest of my leave days.

Thanks for the read.

Response by SSgt Christophe Murphy made Sep 8 at 2020 1:45 PM

2020-09-08T13:45:26-04:00

At this point dwelling on who is at fault doesn't get you on terminal. Things like this do happen and leave approval is something that is on you to verify before punching out.

The biggest thing is to work with your Admin to identify a way forward in an expedited manner.

Response by SGM Erik Marquez made Sep 8 at 2020 2:39 PM

2020-09-08T14:39:18-04:00

"Can the Army force you to lose out on terminal leave days due to DA31's not getting approved"
Strictly speaking yes, realistically speaking unless they have a reason, pending action, investigation, you were a problem child and deserve nothing but what you gave the Army....The Bare minuum .. Your a known loss, and if you had 60 days on the books, it would have been approved in the units I served in.

Many things can add to the admin confusion hanging up a properly formatted, supported and approved DA31 for use during terminal leave. From new SM's in key admin or leadership positions, conflicting guidance CORP, DIV, BDE, BN.

At his point the why is only important for the use of getting the task done.
Ask your commander who endorsed your request to speak directly with the BN S-1, then the CDR. Asking specifically what do they need to get the DA31 approved. I would pick a mark on the wall for the new leave day sign out..say 3-5 business days... get all paperwork aligned to that date, then push to get it done..If that does not work you have given your CofC an adequate opportunity to correct the issue, go see IG. Ask them to assist the unit in correcting the issue..

Response by SFC Private RallyPoint Member made Sep 8 at 2020 4:20 PM

2020-09-08T16:20:12-04:00

Short answer is yes it’s legal. You’ll have to sell your extra leave, or else extend and resubmit your leave.

Long answer is that while the leave you earn is an entitlement, your commander is not required to grant it. There is no regulation that says leave over 60 days must be approved by anyone in particular. However most units have a policy message that dictates something like that. Most go with anything over 30 days require a BN CDR and over 60 requires BDE CDR. Add confusing, conflicting, and constantly changing policies from HQDA and each separate post on top of that mess and it’s no wonder you don’t have an approved DA31.

If you absolutely need to keep your ETS date, you’re selling that unused leave. If you want to take that leave go see your Career Counselor for a three month COVID extension

Response by SSG(P) Private RallyPoint Member made Sep 9 at 2020 10:44 AM

2020-09-09T10:44:29-04:00

SFC Private RallyPoint Member pretty much laid it out plainly, so I won't rehash.

For your resubmissions, and for all of those out there who are submitting documents to the S-1 or wherever: go to Armypubs.army.mil and download a DA Form 200, which is a receipt for paperwork or other materials that get transferred around. A DA-200 has the receiver's signature on it, so there is accountability. You can use that as proof of when you submitted the document(s), what documents you submitted, and who signed for them. Then that person is on the hook for those documents.

While a S-1 NCOIC, I urged all BN Soldiers to use DA-200s. I had several shown to me, and I then went to the clerk who took receipt of the document(s) in question.

If you still don't get satisfaction for your Terminal Leave issue, go talk to the Inspector General (IG). use their "Assistance Form" and calmly lay out your issue, ask for your leave to be approved so you can ETS. Good Luck!