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Transition Leave

confusedSM

PEB Forum Regular Member
Registered Member
BLUF: My CoC says that I am not authorized to use my leave days for transition leave and must sell back any amount of 60 days or less. (example if I had 62 days, I sell back 60 and take 2) I spoke to my installation MEB office and was told that this issue is currently with IG and it is possible I will have to sell back days. I have left voicemails with IG and transition, but is anyone else trackin something like this?

Background: My packet is currently in the informal PEB Stage. The installation MEB office said it is likely that I could sign my election statement before Christmas. I currently have 51.5 days of leave and am planning on taking block leave for the holidays in the event my packet is not complete. I was planning for approxiamately 30-45 days for transition leave after clearing installation.
 

gsfowler

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You can take all of the leave you have up until your NLT date which will be established by the PDA (when you hit TRANSPROC), anything after that must be sold back.

The maximum they will allow you to sell back in your career is 60

If you are retiring the command can allow up to 20 days permissive TDY (30 if OCONUS) which can be taken in conjunction with transition/terminal leave.

Ask you CoC to produce the regulation, then when they can't go ahead and enjoy your transition/terminal leave.

http://www.dtic.mil/whs/directives/corres/pdf/132706p.pdf
 

confusedSM

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Registered Member
gsfowler, thank you for your assistance. I was able to get a hold of the Ft. Lee/Ft. Eustice Ombudsman today and the issue is isolated to Ft. Lee. Apparently our CoC may have misinterpreted the regulation but higher echelons don't want to risk undue influence so the issue is with IG. Fortunately it has been with IG for two weeks now so hopefully we will have a resolution soon.
 

howardrigger

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I am at fort lee also and heard the same thing and I have looked through the regulation and it does not say anything about not being able to take you leave just that if you have over the amount for the NLT date you will have to sell that amount back. Hopefully they figure this out as I am currently at the VA rating stage and depending on that I will not be taking block leave here in DEC.

ConfusedSM you wouldn't happen to be in 262nd QM BN? I just heard this from my commander last week when I was updating him on what was going on with my stuff. He stated that a commander in the BN told him that is was in the regulation so that is when I stated looking into it and didn't find anything. Hopefully they get it fixed that is for sure specially if it is just here on Fort Lee.
 

confusedSM

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Registered Member
@howardrigger, I am not in 262nd QM, I am over with 71st. Unfortunately another SM just talked to the head of the MEB Office and it appears that 600-8-10 contradicts another regulation that deals with MEB SM's. I should find out more when she gets back from her appointment as to what regulation this is exactly. This is what I have been looking at so far and it doesn't look good for us

AR 40-400 5–1. General policies


b. Military patients will be available for treatment at all times. Leave will not be granted when it will delay a

patient’s disposition, except for emergencies.

c. Army military patients who are administratively unsuitable for retention will be processed as prescribed in AR

600-8-24 and AR 635-200.


AR 635-40: E–9. Final disposition instructions


After final approval, forward DA orders or other disposition instructions to the proper commander for final disposition.

AR 635–10 establishes procedures for processing Soldiers for retirement or discharge. The following instructions

supplement those in AR 635–10 when Soldiers who are unfit because of physical disability are processed for retirement

or discharge:

a. Discharge. Discharge will be effected usually within 20 days from the date of secretarial approval of the

determination of physical unfitness advanced by the number of days accrued leave which can not be sold back to the

Government (para d, below.)

d. Accrued leave. Soldiers may be permitted to use accrued leave in excess of that which may be sold back to the

Government. If Soldiers have not sold back their leave, they are required to do so in lieu of using their leave.
 

confusedSM

PEB Forum Regular Member
Registered Member
https://www.hrc.army.mil/milper/09-067
MILPER 09-067
5. C. . IN ACCORDANCE WITH AR 600-8-10, SOLDIERS SEPARATING DUE TO DISABILITY ARE AUTHORIZED TO CASH-IN LEAVE IN ACCORDANCE WITH THE PROVISIONS OF LAW OR TO USE ACCRUED LEAVE AS TRANSITION LEAVE. APPROVAL AUTHORITY FOR TRANSITION LEAVE THAT RESULTS IN EXCEEDING THE 90-DAY NLT DATE IS THE FIRST COLONEL/O-6 IN THE SOLDIER'S CHAIN OF COMMAND. WHEN SUCH LEAVE IS APPROVED, THE TRANSITION CENTER WILL CONTACT USAPDA CHIEF, RETIREMENTS AND SEPARATIONS BRANCH AT (202) 782-1996 OR DSN 662-1996 TO COORDINATE THE EXTENSION OF THE 90-DAY NLT DATE

AR 635-40 had a rapid revision in 2012 but it didn't affect Appendix E, which discusses cashing-in leave. As a result, I believe the MILPER message will supersede Appendix E of the 2006 AR 635-40.
 

Oakmen87

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Registered Member
Tread carefully, they don't have to approve anything. You may, with commanders approval. I would ask to speak with the commander. He may has a reason why he's denying it. Possibly because of performance/behavior. I had a soldier who was ETSing, bad attitude, transition leave revoked, Article 15, 45/45 past his actual ETS date. Every commander and NCO in your support chain should have an open door policy. Request that with the lowest first. If you get a BS answer just go to the next higher one.
 

confusedSM

PEB Forum Regular Member
Registered Member
Tread carefully, they don't have to approve anything. You may, with commanders approval. I would ask to speak with the commander. He may has a reason why he's denying it. Possibly because of performance/behavior. I had a soldier who was ETSing, bad attitude, transition leave revoked, Article 15, 45/45 past his actual ETS date. Every commander and NCO in your support chain should have an open door policy. Request that with the lowest first. If you get a BS answer just go to the next higher one.

Thanks for your concern @Oakmen87. Fortunately this was not a discipline issue or leave denial--just confusion over the policy, which is why I am looking at the regs.
 

howardrigger

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Thanks for the update I will keep looing around and seeing if I fined anything. Also if you hear anything new please let me know fro when I get ready to punch the time card to get out. I will also be talking to Mr. Rodriguez to see if he has any information about this. I know last time he was telling me that you will be able to take leave long as it does not exceed the NLT 90 day rule if it does you sell back the rest of the leave that goes over the 90 days.
 

confusedSM

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Thanks for the update I will keep looing around and seeing if I fined anything. Also if you hear anything new please let me know fro when I get ready to punch the time card to get out. I will also be talking to Mr. Rodriguez to see if he has any information about this. I know last time he was telling me that you will be able to take leave long as it does not exceed the NLT 90 day rule if it does you sell back the rest of the leave that goes over the 90 days.
Will do! I'm just a little behind you in the timeline so let me know when your orders come down if you don't mind. I sent my CoC and Mr. Rodriguez the stuff I found yesterday. No response yet from CoC and Mr. Rodriguez said he isn't sure how the MILPER message affects the situation but it's with the IG and should come back soon. The Ombudsman said to give him a call back next week and hopefully it will be closed out but due to the fact that WTU's are still granting transition leave and other installations aren't experiencing this conflict, he thinks it will come back that we are able to use accrued leave as long as we are out by the NLT date on the orders. Also, remember you can start clearing CIF in advance with a memo!
 

howardrigger

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Thanks right now mine is on hold due to the VA Ratings needing clarification fro Richmond VA on some of my stuff. Yea I need to get that MEMO so I can turn my stuff in to get one step ahead. I already went over to CIF to get copy of records to turn in. hopefully they get it fixed I want to take leave not sell it back since I earned it.
 

confusedSM

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Registered Member
I just talked to Ombudsman. The issue has been resolved through IG. SM's are authorized to take accrued leave as transition leave. From what I understand, a message is going to be pushed out to the force to clarify leave policies for MEB SM's.
 

howardrigger

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that is awesome thanks for the heads up hopefully we can get a copy of the results so we do not have any push back for it.
 

howardrigger

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PEB Forum Veteran
Registered Member
I just talked to Ombudsman. The issue has been resolved through IG. SM's are authorized to take accrued leave as transition leave. From what I understand, a message is going to be pushed out to the force to clarify leave policies for MEB SM's.

also got some good new my ebenefits is back to prep for decision so hopefully it keeps moving. Hopefully yours is moving on also.
 

confusedSM

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Registered Member
also got some good new my ebenefits is back to prep for decision so hopefully it keeps moving. Hopefully yours is moving on also.
I just called Ft. Lee IG to see if I could get a copy of the results and they had no idea what I was talking about! lol I wrote the Ombudsman I spoke to and am hoping he can provide me with something in black and white. If I get it, I will reach out to you and we can exchange e-mails. I noticed my ebenefits moved to prep for decision and my IDES moved to VA Rating. I am hoping this process goes quickly as well. It would be so great for Christmas leave to be part of terminal leave!
 

confusedSM

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Registered Member
@howardrigger I got the e-mail from the Ombudsman if you have any issues. SECDEF Message or ALARACT Message will be pushed out to CoC's to let them know.
 
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