What reasonable course of action can I take to ensure that I am afforded the maximum amount of terminal leave?

SPC Private RallyPoint Member — Sat, 14 Mar 2020 16:22:25 -0400

I've been here for about 4 years now, and am *attempting* to ETS. Long story short, I've accrued a bunch of leave over the past few years living close to home and deployed in 2018 and 2019, having a lot of my leave fall under special leave accrual. I currently have 99 days on my leave balance, and want to take 90 days and sell the excess. Training room has told me I'm only allowed to take 60. I am supposed to start my terminal leave towards the end of April, but my leave form has been in limbo for the past week and no progress has been made.

I've read all pertinent regulations and policies and cannot find a set in stone number of days to take. Additionally, I've seen plenty of people retiring taking north of 70 days of leave just fine while being on staff duty. I have already spoken to everyone up to my company commander, but no progress is being made and I have job offers contingent on me getting out at that date. It is frustrating being told that 90 days is okay, but now that is all being thrown out the window. What is the next reasonable course of action to take?

Response by SGT Private RallyPoint Member made Mar 14 at 2020 4:33 PM

SGT Private RallyPoint Member — Sat, 14 Mar 2020 16:33:16 -0400

You shouldn’t have more than 30 days, it’s use/lose. At the end of the fiscal year if leave is not taken then it is paid out.

Response by LTC Jason Mackay made Mar 14 at 2020 4:33 PM

LTC Jason Mackay — Sat, 14 Mar 2020 16:33:56 -0400

SPC Private RallyPoint Member work with your First line to use the chain of command to the disapproving commander. It is Command approval you seek. They may approve some, none, or all. Depending on local policy the BN CDR may have to sign the DA31. The remainder you can sell back. The "Training Room" is enforcing a verbal or written directive. It is at command discretion to approve or disapprove leave. I would also look for a command policy or installation policy as well to see if there is any other published guidance.

Your command has some responsibility here. The Commander gets a monthly Finance report, the 1SG/CDR should have seen your leave balance climbing into near triple digits. You should have been brought in and had a formal conversation about leave management. Whether they will acknowledge that is anyone's guess. The push back from the command may be you can sell some back, that the unit can't get your replacement until you ETS and off the books, or you should take leave now. Have a detailed plan. If employment or education start dates are tied to this, tell them. . Be prepared for bad news.

I sat on about the same amount of leave you had, but it was negotiated in advance how much I was taking after 22 years in uniform. I ended up sucking down some crappy duties to do that.

Response by SFC Private RallyPoint Member made Mar 14 at 2020 5:07 PM

SFC Private RallyPoint Member — Sat, 14 Mar 2020 17:07:59 -0400

You won't find any regulatory guidance on max leave. You will usually find a local policy letter outlining who is authorized to approve certain amounts of leave. For most units, 90 days of leave would require a brigade commander approval. If there is no policy letter for your brigade (unlikely) then your company commander is the approval authority.

Response by SN Chris Hensley made Mar 16 at 2020 1:04 AM

SN Chris Hensley — Mon, 16 Mar 2020 01:04:27 -0400

Go to legal and talk with them about it. They can put you on the right course of action. I had to do that for a issue once while I was in the service.

Response by MSG Private RallyPoint Member made Mar 16 at 2020 10:00 AM

MSG Private RallyPoint Member — Mon, 16 Mar 2020 10:00:46 -0400

Dear SPC Alex Tyra,
Members who are approaching transition with extra leave have 3 choices regarding what to do with that leave. They can: (1) use the leave before transition, (2) sell back the leave when they transition (3) take terminal or separation leave.
There is an ALARACT out there echoes DoD guidance that unit commanders should continue monitoring their Soldier's leave and encourage their Soldiers to use any accrued leave days that exceed the 60-day carry-over limit. However, Soldiers who meet the Special Leave Accrual (SLA) allows Service members serving in hostile fire / imminent danger (HF/IDP) to carry forward up to 120 days leave, if their leave and earnings statement has 60 days of leave coded as SLA and the LES remarks block shows "Combat Zone Leave Carryover Balance" with its expiration date. That's 75 days ordinary leave plus 45 days SLA.