Can my unit deny any leave outside of block leave?

Kevin J

Can the Army deny leave, if a soldier does not want the covid19 vaccine>

• Mark Gerecht

  
  Monday, 17 May, 2021 at 12:55
  

  Leave is a commander’s program and the commander can deny leave typically at their reasonable discretion. More importantly the Commander with general court martial convening authority has the authority to order involuntary immunization. See reference below

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  AR 600-8-10 Paragraph 2-2c(1)

  c. Commanders will—
  (1) Establish policies and procedures for leave, pass, and administrative absences that—

  AR 600-20 Paragraph 5-4g states:

  g. Command authority – medical care with or without the Soldier’s permission.

  (2) Immunizations. Commanders will ensure that Soldiers are continually educated concerning the intent and rationale behind both routine and theater-specific or threat-specific military immunization requirements. Immunizations required by AR 40–562 or other legal directive may be given involuntarily (except as prescribed in para 5–6 or para P–3b regarding religious accommodation). The intent of this authorization is to protect the health and overall effectiveness of the command, as well as the health and medical readiness of the individual Soldier. In cases where involuntary immunization is being considered, the following procedures and limitations apply:

  (a) Under normal circumstances, actions will not be taken to involuntarily immunize Soldiers. If a Soldier declines to be immunized the commander will—

  1. Ensure that the Soldier understands the purpose of the vaccine.

  2. Ensure that the Soldier has been advised of the possibility that the disease may be naturally present in a possible area of operation or may be used as a biological weapon against the United States and its allies.

  3. Ensure that the Soldier is educated about the vaccine and has been able to discuss any objections with medical authorities.

  4. Counsel the Soldier, in writing, that he or she is legally required to be immunized; that if the Soldier continues to refuse to be immunized that he or she will be legally ordered to do so, and that failure to obey the order may result in UCMJ and/or administrative action for failure to obey a lawful order (UCMJ, Art. 92) as deemed appropriate by the commander.

  5. Order the Soldier to receive the immunization.

  (b) If, after any of the steps listed in paragraph 5–4g(2)(a), a Soldier elects to be immunized, adverse action will not normally be taken based solely on the initial declination.

  (c) When a GCMCA or the delegated representative determines that conditions of imminent threat exist (where the threat of naturally occurring disease or use of biological weapons is reasonably possible), Soldiers may be involuntarily immunized. Involuntary immunization(s) will not be ordered by a commander below the GCMCA unless authority to do so has been properly delegated by the GCMCA. Prior to ordering involuntary immunizations, all of the steps outlined in paragraph 5–4g(2)(a) should be followed and documented, situation permitting. In performing this duty, unit personnel will only use the amount of force necessary to assist medical personnel in administering the immunization.

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