Posted on Jan 30, 2020
Is there any regulation that stops my being recalled from paternity leave in order to do a counseling on my legal status?
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I was put on extra duty, had a flag initiated, reduced to E-1, pay taken, and served my punishment (45/45). Platoon SFC said that I would not be getting chaptered out of the army but I still had to do a chapter packet. I asked my brigade legal and they said that the only reason for me to do a chapter packet was if I was getting chaptered out of the army. This is my first Article 15. I am being recalled from paternity leave to do a counseling on my legal status. Is there any regulation that stops this from happening? If there isn't, do I get comped? Also are NCOs legally obligated to tell the truth to their lower enlisted soldiers?
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Posted 5 y ago
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Leave is at the approval and discretion of the commander. That being said, only the commander who authorized your leave is authorized to revoke it, not your PSG. So, are you really being recalled, or did your PSG tell you that you had to come in? In which case your answer could be that you are on leave until the commander revokes it.
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LTC Jason Mackay
Brigade Legal doesn't do legal counsel for you, you need TDS. You are not being chaptered but you still need to do a chapter packet....uhmm no. That's not how that works.
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SPC (Join to see)
The company commander allowed me to return to paternity leave. My AA flag was lifted but an involuntary seperation flag was imposed same day. According to the company commander, this is part of the process. The events are supposed to go involuntary flag imposed>packet goes to BDE legal>Returns to Company Commander where recommendation is made>Battalion Commander gets packet and puts in his recommendation>Gives it to Brigade Commander. I was told by the company commander that this doesn't necessarily mean that I'm being seperated and that this is just part of the process going forward.
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SFC (Join to see)
SPC (Join to see) actually, that's mixed up. The Separation flag isn't supposed to be placed until the packet has been accepted at legal, but that's not usually a huge issue.
Sure.... It doesn't always mean you get separated, but it sure as hell means they are trying to. Once a separation packet is accepted by legal, unless the BDE CDR suddenly disagrees with the BN CDR, it is usually approved.
Sure.... It doesn't always mean you get separated, but it sure as hell means they are trying to. Once a separation packet is accepted by legal, unless the BDE CDR suddenly disagrees with the BN CDR, it is usually approved.
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First, I am not a lawyer so contact JAG/BDE Legal.
If you are asking are NCOs obligated to tell you the truth, it all depends. If he says "I have never seen a soldier screw-up as bad as you!" that is probably a lie but it is an acceptable lie.
If you are asking if NCOs are like cops and can lie to get you to confess to an infraction, I honestly don't know. Going back to MP School 45 years ago, I would think that if they are in an investigative capacity they can. Again, I am not a lawyer.
Just wondering... Are you and your wife living on post or near your duty station? If so, the Sergeant could be asking you to come in and get briefed/counseled thinking a short drive and the time for the counseling is not a revocation of your leave.
If you are asking are NCOs obligated to tell you the truth, it all depends. If he says "I have never seen a soldier screw-up as bad as you!" that is probably a lie but it is an acceptable lie.
If you are asking if NCOs are like cops and can lie to get you to confess to an infraction, I honestly don't know. Going back to MP School 45 years ago, I would think that if they are in an investigative capacity they can. Again, I am not a lawyer.
Just wondering... Are you and your wife living on post or near your duty station? If so, the Sergeant could be asking you to come in and get briefed/counseled thinking a short drive and the time for the counseling is not a revocation of your leave.
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Sounds like you are about to be placed on permanent paternity leave. If legal said you are being chaptered then it is probably true. SFCs say things all the time and it was probably true at the time, but stuff changes. They have to bring you back from leave so they can give you legal counselling. Your days in the Army are about to come to an end.
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