I am facing chapter 13 criteria 6 (the soldier's potential for advancement or leadership in unlikely) am i able to take or sell my leave?

SPC Private RallyPoint Member — Sat, 12 May 2018 00:43:08 -0400

also i'm under the impression i'll get am other the honorable

Response by SSG Mark Franzen made May 12 at 2018 1:18 AM

SSG Mark Franzen — Sat, 12 May 2018 01:18:47 -0400

well first off wh

Response by SSG Mark Franzen made May 12 at 2018 1:21 AM

SSG Mark Franzen — Sat, 12 May 2018 01:21:29 -0400

what was it that you did also yes you can sell your leave back please explain a little more I would like why and what did you do?
SSG MARK FRANZEN
USA VET

Response by SSG Robert Perrotto made May 12 at 2018 4:12 AM

SSG Robert Perrotto — Sat, 12 May 2018 04:12:14 -0400

Yes - you can sell your leave, no - you probably will not be able to take it. Seems to me you stepped on your crank one too many times, while not meeting the criteria of it to be grounds for a misconduct chapter. Without knowing the specifics of your chapter, it seems you made some poor and questionable judgement decisions that have caused your chain of command to lose faith in your ability to advance beyond your current rank.

Response by SGT Joseph Gunderson made May 12 at 2018 11:25 AM

SGT Joseph Gunderson — Sat, 12 May 2018 11:25:56 -0400

If you are getting chaptered, most units force you to sell your leave.

Response by SGM Erik Marquez made May 12 at 2018 12:01 PM

SGM Erik Marquez — Sat, 12 May 2018 12:01:38 -0400

Chapter 13, para (6) The Soldier’s potential for advancement or leadership is unlikely. b. Commanders will initiate separation action only when the Soldier is under military control. As an exception, commanders may initiate this action when a Soldier is confined by civil authorities and his/her military record indicates that he/she should be processed for separation by reason of unsatisfactory performance. (See chap 2, sec III for completing proceedings initiated before a Soldier departs absent without leave.) c. This provision applies to Soldiers who are pregnant and whose substandard duty performance is not caused solely by pregnancy. Substandard duty might include failure to report to duty without medical or military authorization or refusal of CONUS reassignment during the first 6 months of pregnancy. d. Commanders will consider a Soldier meeting the criteria of a, above, and convicted by court-martial but not sentenced to a punitive discharge, for administrative separation under this chapter when the underlying misconduct and the Soldier’s performance warrant separation. When appropriate, commanders may start separation action while the Soldier is serving a sentence to confinement at the installation detention facility. e. Initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the Army physical fitness test per AR 350–1 or who are eliminated for cause from Noncommissioned Officer Education System courses, unless the responsible commander chooses to impose a bar to re-enlistment per AR 601–280 (RA Soldiers) or AR 140–111 (USAR AGR Soldiers)."

As this separation is used for a wide verity of reasons, from inability to advance in rank, to being incarcerated in a civilian facility, to post court marshal convection that did not issue a punitive discharge....

You did not provide enough background to give an opinion as to what type of service characterization you might receive but it will be either honorable or under honorable conditions as those are the only two options available to the separation authority for this chapter separation.

"13–10. Characterization of service The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. (See paras 3–5 and 3–7.) An honorable characterization of service generally is required when the Government initially introduces limited use evidence. (See paras 3–8a and g.) "

As to your accrued leave, I see no provision for reducing or limiting your leave options due to the separation.. They should be, what is allowance commonly under the regulation.

Response by SGM Bill Frazer made May 12 at 2018 12:07 PM

SGM Bill Frazer — Sat, 12 May 2018 12:07:11 -0400

It's your leave- I suggest you sell before leaving- the extra money could come in handy. Not sure about today's chapter ratings.

Response by SSG Mark Franzen made May 13 at 2018 11:41 AM

SSG Mark Franzen — Sun, 13 May 2018 11:41:15 -0400

So why haven't you been in front of the E5 board yet I went when I had 2 years in if I were you I would be asking questions or put in for a transfer.

Response by 1SG Private RallyPoint Member made May 13 at 2018 7:13 PM

1SG Private RallyPoint Member — Sun, 13 May 2018 19:13:32 -0400

I won't retread ground that has been trod already... but questions arise.
The answer to your question is that you will almost certainly be allowed to sell leave unless there is much more to the story.
Taking leave is probably dependent on how the discharge process goes and whether you stay on the straight and narrow.
Keep your nose clean, and the CoC won't have a reason to not support your preferred disposition of leave.