Can the commander keep you from using your use or lose days?

SPC Private RallyPoint Member — Mon, 21 Sep 2015 10:16:58 -0400

If you are flaged for being overweight on student status can the commander deny you, your use of use or lose days

Response by SGT Ben Keen made Sep 21 at 2015 10:21 AM

SGT Ben Keen — Mon, 21 Sep 2015 10:21:23 -0400

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.

Response by MAJ Private RallyPoint Member made Sep 21 at 2015 11:03 AM

MAJ Private RallyPoint Member — Mon, 21 Sep 2015 11:03:25 -0400

Hopefully someone will dig into your answer, but I can tell you this - on the Guard side if you are overweight or fail APFT, the Commander can revoke your school money and you may be required (likely) to pay it back.

That said, the Commander can choose whether or not to approve leave. If you waited until the end of the year to use it up, it may not be in the units best interest to let you go and he can deny it under that premise.

I could be mistaken, so I welcome someone to correct me if I am wrong.

Response by Capt Mark Strobl made Sep 21 at 2015 11:26 AM

Capt Mark Strobl — Mon, 21 Sep 2015 11:26:54 -0400

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.

Response by 1LT William Clardy made Sep 21 at 2015 2:36 PM

1LT William Clardy — Mon, 21 Sep 2015 14:36:01 -0400

My knowledge may be dated, but requests to take leave used to require the commander's approval, and commanders were not obliged to approve any particular category of requests. That meant that a soldier in the FRG with a big chunk of "use or lose" leave time in September could expect to have at least part of a leave request denied due to the need to prep for any given year's Reforger exercise.

So, yes, a commander can deny your use or lose days for any number of reasons, SPC Private RallyPoint Member .

Response by SPC Private RallyPoint Member made Sep 21 at 2015 9:32 PM

SPC Private RallyPoint Member — Mon, 21 Sep 2015 21:32:07 -0400

Army body composition program which covers on tradoc and regular army (not sure about reserve or national guard) says no favourable actions meaning no leave or being allowed in a leadership position. I have seen it on my current unit soldiers who fail pt test and higher weight and tape and still take use or lose says but my unit has issued when over half the company are buddy buddy and I'm the new guy coming from a combat arms unit to a signal unit

Response by SFC John Deputy made Sep 22 at 2015 1:40 PM

SFC John Deputy — Tue, 22 Sep 2015 13:40:42 -0400

Yes. Leave is at the discretion of the commander. If a proper flag has been imposed due to your failure to maintain standards, overweight in your case, then that's that. There are several ways you can try to force the issue but they may cost more then the leave days are worth. Just curious, have you had the immersion displacement analysis done? I've been out for a while but I use to be my BTN Master Fitness.

Response by MSG Private RallyPoint Member made Sep 22 at 2015 2:04 PM

MSG Private RallyPoint Member — Tue, 22 Sep 2015 14:04:23 -0400

Use or Lose leave is not excess or advance leave, so it is not prohibited by AR 600-8-2. At that point the Soldier should be treated like every other Soldier. If no one else is being allowed to burn leave, due to mission requirements, then neither should the troop who is flagged.

Response by 1SG Harold Piet made Sep 22 at 2015 2:50 PM

1SG Harold Piet — Tue, 22 Sep 2015 14:50:30 -0400

Yes, Get in shape

Response by CSM Phillip Rowland made Sep 22 at 2015 4:08 PM

CSM Phillip Rowland — Tue, 22 Sep 2015 16:08:05 -0400

SPC Merritt,
Your Commander is trying to get you to re-charged, he/she knows that the Army/your unit probably has a High OPTEMPO and that is part of their job. I would recommend that you take the leave, even if you stay in the area, and do whatever you want, just take a break from the every day hustle and bustle of the job. If you don't use it, you are going to lose it, so it is best to enjoy it! My 2..cents!

Response by CSM Phillip Rowland made Sep 22 at 2015 4:13 PM

CSM Phillip Rowland — Tue, 22 Sep 2015 16:13:45 -0400

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!

Response by CPT Private RallyPoint Member made Sep 22 at 2015 6:12 PM

CPT Private RallyPoint Member — Tue, 22 Sep 2015 18:12:48 -0400

A commander can absolutely deny a leave request based on enrollment in the Army Body Composition Program. If you look at what AR 600-8-10 (Leaves and Passes) says, commanders are encouraged to establish a robust and flexible leave program, which would generally allow for Soldiers to take 30 days of leave in the year. It also encourages commanders and supervisors to counsel subordinates on the risk of not taking leave, accruing more than 60 days, and attempting to use leave at the end of the fiscal year. Most commanders will try to allow for Soldiers to take their use or lose leave, but that varies based on the training schedule, status of the Soldier, etc. Managing your leave properly is an individual responsibility as well as the commander's perogative of instituting a fair and robust program.

Response by SSgt Michael Cox made Sep 23 at 2015 12:41 PM

SSgt Michael Cox — Wed, 23 Sep 2015 12:41:29 -0400

If your commander won't let you take leave in the Air Force you had to have a letter from your commander stating why you were denied leave. Then you would take that letter to the personnel office. I'm not sure if the army does it differently but if not that letter will let you roll over your leave to the next year.

Response by CPL Private RallyPoint Member made May 22 at 2018 8:37 PM

CPL Private RallyPoint Member — Tue, 22 May 2018 20:37:53 -0400

Commander can denied leave cos of bared?

Response by SGM Bill Frazer made May 23 at 2018 9:22 AM

SGM Bill Frazer — Wed, 23 May 2018 09:22:24 -0400

By regulation when you are flagged you will have NO, 0 personnel actions done, approved. What are these days- leave time?

Response by CPL Any Jim made May 24 at 2018 3:58 PM

CPL Any Jim — Thu, 24 May 2018 15:58:14 -0400

Capt stobl ,
Leave is a privilage not a right! What if a sm is etsing has use/or lose leave & sm is on gain roster as excess mos! If sm is not pending no aa is qualifed with pt test and qualified with weapon ? Than should commander still deny leave or approave leave ! I hear over and over leave is not a right but a privalge : but only hear one sided with an explanation ie flagged for over weight or failed pt test? But why do commands refuse to say leave is a right if in good stands and qualified in weapon and pt ? Ive seen people take leave and army didnt dall all apart and shut down : sum1 else just stepped up and go on with day ?