Posted on Sep 21, 2015
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If you are flaged for being overweight on student status can the commander deny you, your use of use or lose days
Posted in these groups: Legal 6 Leave
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Capt Mark Strobl
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If one has accrued more leave than you can take (use it or lose it) AND be flagged for weight control, there is a quandary: A commander may deny leave based on many factors: One of them being "unit/individual readiness." The commander may very well be operating within the letter of the law --especially when reviewing a student's "readiness." Being overweight certainly impedes the commander's ability to send forward (graduate) a student. Vice approving leave, the commander is placidly encouraging that student to hit the gym. Leave is a privilege... not a right.
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Capt Mark Strobl
Capt Mark Strobl
9 y
Sgt Aaron Kennedy, MS - To your point above, I will concede to your comments. Good rebuttal.
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SGT Allan Budde
SGT Allan Budde
9 y
Leave being something you earn for time of service rendered is a benefit that is earned not provided as a privilege to service members. I ended up selling a lot of leave days because I got stuck in an assignment that was supposed to have leway in letting me use the days but was not so much the case.
You can deny leave yes, but in doing so you really do need a reason for it as it is an earned benefit. You could just as easily have the service member meet specific goals or milestones to get the time frame desired and meet the operational standards of the unit. Part of the time to process the request and fair way to keep an even playing field. Not letting the service member use their days and leading to a loss of those days can lead to a drop in not only moral but operational readiness.
Counseling would be the best tool here and reminding the member that there are conditions that need to be met in a unit for operational requirements as well as individual uses of privileges and benefits.
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Capt Jason S.
Capt Jason S.
9 y
Now it is highly encouraged but not required that a commander give you leave for many reasons. I have been denied leave for wife with a broken foot because of the needs of the unit because we were under manned. I was denied leave in the army when my mother was activly dying because the red cross had not contacted the command yet untill after she died. Then my ex-wife's unit would not give here leave for the funeral untill a day after I left and she had to drive up by here self with a 4 day old baby in the car, from North Carolina to Indiana. Of course when you sign that piece of paper and take that oath you need to realize that you are theirs untill your time is done. I hope not one ever has to go through the experiences I have mentioned which are just a few.
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SGT Hector Rojas, AIGA, SHA
SGT Hector Rojas, AIGA, SHA
>1 y
Last I checked, Leave is an entitlement, not a privilege.
AR 600-8-10, 2-3
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SGT Ben Keen
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It's my understanding that a flag can keep you from any sort of favorable action. Leave is a favorable action and therefore if you are blocked from receiving such actions based on being flag, than I would say yes. Then again, I can be completely wrong on how flags work.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
9 y
Leave is an earned benefit not a favorable action. It's different than a promotion or an award which are "favorable actions."

However, check the Army's definition here:

http://www.apd.army.mil/pdffiles/r600_8_2.pdf &

http://www.apd.army.mil/pdffiles/r600_8_10.pdf

Not saying one way or another whether a Commander can or cannot. The situation has A LOT of variables, including whether or not the troop had the ability to take leave during the previous year.
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MAJ Contracting Officer
MAJ (Join to see)
9 y
Most BDE Commanders get upset when Soldier's are loosing their leave. But if you are flagged there isn't much you can do about it other than diet, gym, or provide a medical diagnosis for your failure to meet H/WT. (you can't be flagged for a medical reason to fail, that will prompt a medical chapter rather than failure to perform weight chapter)
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SFC John Deputy
SFC John Deputy
9 y
Sgt Aaron Kennedy, MS - student status is a favorable action. I actually have a couple questions from what the original question was. Something is missing.
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CSM Phillip Rowland
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I missed your question the first read,
Yes, your Commander can stop use or lose leave if you are in the weight control program. That within his/her rights as Commander. You have to earn the right to get favorable actions, you are not entitle to them!
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MSG Logistics Analyst
MSG (Join to see)
9 y
As an IG, this question comes up at this time of year ALL the time. Most Soldiers do not like the answer they hear from us. Absolutley the CDR can stop a Soldier from taking use or lose leave. They usually wait until the end of the fiscal year and try to drop a leave form with a bunch of days, forgeting to mention that their unit is going on an FTX or NTC. All leadership should be monitoring leave days throughout the year. Soldiers are authorized to take leave during any month of the year, not just August and September. Whats the old saying? "Poor planning on your part does not make it an emergency on mine." For all of those Soldiers that say 'I have earned my leave and its my right" It is also your right to pass a PT test and to plan properly throughout the year, so you dont put yourself in a situation wherein your leave may be denied for a valid reason.
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MSG Antwine Marshall
MSG Antwine Marshall
9 y
As an IG, I too see this issue far too often. SFC Watachinger, your answer is on point as you echoed my exact sentiments.
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CPT Signal Officer
CPT (Join to see)
>1 y
MSG (Join to see) - That covers it. Commanders will typically not deny leave unless the SM's presence is required for the mission. Having said that, Commanders are also responsible for the readiness of the unit, and having a SM who does not meet readiness standards affects the mission.
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