Posted on Feb 7, 2020
Is it legal for the commander to make us pay for emergency leave out of pocket?
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We are stationed in Germany and decided to have our baby in Texas. We knew that we would have to pay for everything out of pocket, and had no issue with that. I went back to Texas in July, and my due date was August 26th. My husband took regular leave that was supposed to start on August 22nd so he would be there in time for my due date. On August 8th, I went in for a blood pressure check (I had gestational hypertension and preeclampsia that was misdiagnosed by the hospital in Germany, and didn’t find out until I got to the states) and my doctor tells me to start a Red Cross message because she was going to induce me and she was not going to let me go full term because of my blood pressure and the baby’s heart rate. So we do that, and the emergency leave gets approved by my husbands commander. While they were setting up the flights and about to use CBA to pay for it because my husbands GTCC was not set up yet, his commander made them stop the process. Instead, he told us that we have to pay for it out of pocket and did not give a reason as to why. We had already paid for his original flight on the 22nd out of pocket (once again, not an issue since we knew we would have to). But when my husband tried to get that original flight switched, SATO told us that he couldn’t do that and would have to book a whole new flight. We could not afford buying a second flight, so his commander made us take out an AER loan.
Fast forward to 3 weeks ago, we found out that there is a memorandum stating that the army pays for emergency leave flights, once the leave is approved by the commander. The commander gave a quick answer when he spoke to my husband today, while he was asking for a meeting, of “thats why we have a hospital here. Y’all didn’t have to go to Texas to have your son.” But in my opinion, the army has no say on where we chose to have our child. We knew we would have to pay for all expenses out of pocket, and had no issue with it. But then a medical emergency popped up, and the situation changed. My husband and I are setting up a meeting next week with the commander to get a larger explanation as to why he made my husband cancel the CBA and made us pay for it out of pocket. Paying back the AER loan has caused a financial hardship on us that it will take us a while to dig out of. My questions are, are we justified in wanting a larger explanation? Is there anything we are missing as to why the commander denied the use of a CBA? Is there a way we could get reimbursed for what we payed out of pocket? If his commander denies us an explanation, or refuses to help us get reimbursed (if that’s even possible) would we be justified in filing an IG complaint?
Fast forward to 3 weeks ago, we found out that there is a memorandum stating that the army pays for emergency leave flights, once the leave is approved by the commander. The commander gave a quick answer when he spoke to my husband today, while he was asking for a meeting, of “thats why we have a hospital here. Y’all didn’t have to go to Texas to have your son.” But in my opinion, the army has no say on where we chose to have our child. We knew we would have to pay for all expenses out of pocket, and had no issue with it. But then a medical emergency popped up, and the situation changed. My husband and I are setting up a meeting next week with the commander to get a larger explanation as to why he made my husband cancel the CBA and made us pay for it out of pocket. Paying back the AER loan has caused a financial hardship on us that it will take us a while to dig out of. My questions are, are we justified in wanting a larger explanation? Is there anything we are missing as to why the commander denied the use of a CBA? Is there a way we could get reimbursed for what we payed out of pocket? If his commander denies us an explanation, or refuses to help us get reimbursed (if that’s even possible) would we be justified in filing an IG complaint?
Posted 5 y ago
Responses: 30
SATO also did you a disservice in my opinion. The airlines can be helpful when approached with emergency situations; I was successful in negotiating flight changes for people a number of times as long as they had emergency leave orders in hand.
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Sgt Dale Briggs
I think an explanation is in order seems fair to me, if you don’t agree and you feel like you’ve been wronged I’d go to base legal. They might be able to give advice, they might agree with you or perhaps not, but it will also stop retaliation too. If they agree they’ll pursue it on your behalf.
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Hope you and your baby are safe and healthy. I’d move on and not poke the bear. You may feel you are owed an explanation and soon find out that you have been selected at random for a tasking to A-Stan.
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MAJ (Join to see)
I down voted the comment for being dismissive of reality. ‘Don’t poke the bear‘ and fear of retaliation should never be the driving factor for decisions. You have been treated poorly and unfairly, and it obvious that the command does not take emergency health situations seriously. The military doesn't last for ever, but family and marriages should .....
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William Barry
PFC (Join to see) - this is why I'm a union steward. If one soldier gets it others should too.
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SSG Eddie Helmling
LTC Michael Martin sometimes getting a new job location is not a bad thing..... and sometimes the BEAR(cpt,maj, lct) needs more than a poke to dislodge their fourth point of contact
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LTC (Join to see)
SSG Eddie Helmling and sometimes the Commander signs a Bar Tö Enlistment document. Your call now.
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Although Commander’s have latitude in approving emergency leave the regulation covering emergency leaves directs Commander’s to consider ordinary leave for pregnancies including pregnancies with complications unless a life threatening condition exists in which case emergency leave should be approved. Unless the attending physician said the complications were life threatening as a personnel sergeant my recommendation would have been ordinary leave. I think if you did file an IG complaint or a congressional inquiry the result would be the Commander was within his authority to approve ordinary leave.
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