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Can a Soldier go on leave when on extra duty?

Have a Soldier who received a field grade article 15 and was allowed to go on leave. Here is the problem: the Battalion Commander does not know the Soldier had an approved leave (by the company commander). The Battalion Commander imposed punishment to start immediately. The Soldier has already purchased a plane ticket. The Company CDR/1SG told the Soldier he could take leave. What will happen to this Soldier? Will his extra duty start after he returns from leave or will it be overlooked like no days were missed? Is it the Soldier's responsibility to inform the battalion commander of his leave situation. Should I bring this to someone's attention or should I do the wrong thing and let it go and see what happens?

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Short Answer:

That depends.  It is up to the commander to allow the Soldier to go on leave.  Imposition of punishment begins immediately if a later start date is not stipulated during the announcement of punishment.  Any repercussions for the Soldier not having to complete the entire extra duty imposed falls on the 1SG and Commander for not informing the BC prior to the punishment phase of the Article 15 proceedings.

 Extract of AR 27-10

AR 27-10 – Military Justice – governs Non-judicial punishment – specifically Chapter 3.  Imposition of reduction in grade and/or forfeiture of pay has no bearing on whether the Soldier is on leave or not.  However, imposition of deprivation of liberty (extra duty, restriction, correctional custody) will be affected by the Soldier being on leave.

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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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