Bottom line

The Soldier should be considered exempt from duty, IAW AR 600-8-10 paragraph 5-29i

Discussion

If the Soldier is on a Special Pass, that includes at least one duty day, then they are exempt from duty during the approved special pass.

The regulation is not specifically clear on the issue, however, AR 600-8-10, para 5-29i, when referring to a 3 or 4 day special pass states, “A Soldier is in an available-for-duty status when he or she returns from special pass.” This is indicative that they are not available for duty during the authorized pass.

Since the leave and pass program is a commander’s program, this issue is best handled on the 1SG/CDR open door policy and should that fail the Soldier should consider taking the matter to the Battalion CSM/CDR and as a last resort to the IG.