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Can they stop my leave because I am pending UCMJ?

I am being recommended for a company grade Article 15 because I missed an appointment. I missed that appointment because i was escorting a Soldier. I feel this is a severe punishment. The last time I was counseled was May 2010. I have not been counseled monthly or annually. They also informed me that my packet was lost and I needed to resign the counseling form. They cannot backdate a counseling, am I correct? It of course is block leave for Christmas and I was told today that my leave had been pulled because I am flagged pending UCMJ action. Are they allowed to do that?

With regard to missing and appointment and escorting the Soldier I cannot tell you what is appropriate. If you were directed to escort the Soldier and missed the appointment as a result of the direction/order, you most likely have a case against the Article 15. But this will be for a JAG representative to discuss with you.

You are correct they cannot backdate a counseling statement. They can reconstruct a counseling statement and ask that you sign it but you are under no obligation to do so. Please check out the following Q&As that may provide you additional information.

Counseling

With regard to not being counseled monthly or otherwise I am not sure it has any real bearing on the issue. While it is inappropriate that you have not be counseled regularly and it is something you could bring up during an Article 15 proceeding, it has no bearing on missing an appointment.

Leave as a benefit

With regard to leave. To my knowledge a Flag only stops advanced or excess leave. Normal leave is a benefit (meaning it is earned as part of your compensation), not an privilege. Therefore it can only be stopped in rare cases. For example, the command can disapprove leave if they could prove you are a flight risk for AWOL.

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posted on 05/04/2012 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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