Legal Question in Military Law in Texas
LEave and Passes
Our command has issued a command policy letter stating that a 4 day pass will be granted every quater to make up the days that our higher command gets off. We are located in belgium and do not get US holidays off. However, individuals that are flagged for PT/Overweight do not receive this pass. The pass that the command is providing falls under special passes, AR 600-8-10, section 5-29, sub paragraph C5 (Compensatory time off.) Under the same AR section 5-30 steps to grant a special pass, step 1 states ''Grant special pass for reasons stated in 5-29c. Can the command not grant a pass to these soldiers, it seems to be wrong, more like a punishment. Saying that you have to work more hours because of this flag. This is alomost like extra duty as issued under an Article 15. Under AR 600-8-2 that covers falgs nothing is mentioned about this being allowed. (AR 600-8-2 section 1-14). Thanks for your response.
1 Answer from Attorneys
Re: LEave and Passes
If you e-mail me the AR, we could always chat more about it. However, since the granting of these passes is discretionary, it would seem to me that although seemingly unfair, since a commander does not have to grant a pass to begin with, the command will argue that they are on firm ground. I'd recommend filing an IG complaint or a Congressional if it's an issue the person wants to pursue. Or, go to the TDS attorney. Often, as an Area Defense Counsel in the Air Force, I would explain the unfairness of such a policy to a commander and he/she may change his/her mind.
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