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.


Asked on 2/06/03, 2:21 am

1 Answer from Attorneys
Steven Brand Steven Brand, Attorney at Law

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.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven Brand, Esq. and any recipients.

Read more
Answered on 2/06/03, 6:59 am


Related Questions & Answers

More Military Law questions and answers in Texas