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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32811
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I started terminal leave on 21 June 13 and my ETS is 13 Sept

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I started terminal leave on 21 June 13 and my ETS is 13 Sept 13. I have not done my final out of the post due to my paper work not being ready. My unit recalled me because they said I can not be on leave and clear at the same time. The only thing I can find for being recalled is for military necessity. Can they do this the only kind of answer I get about being recalled is that the commander is not accountable for be on leave and outprossessing and he must be.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

SOrry to have to bear bad news. The authority granting the leave can cancel it. For any reason...since leave (the actual days you are able to take it) is not a right but a privilege.

So the commander who granted can take it, a subordinate can not cancel it...for example, if battalion commander granted, the company can not take it would have to be cancelled by battalion...but what you describe, the commander who granted the leave can cancel it

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