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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34961
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im suppose to receive an article 15 and I'm still deployed

Customer Question

Im suppose to receive an article 15 and I'm still deployed for 1 more month. I haven't been read yet or anything and suppose to be back home sept 30th. I was wondering if they have to give me leave when I get back or what may happen.
JA: Are you overseas or stateside?
Customer: Overseas
JA: Have you talked to anyone in the chain of command about this?
Customer: I've tried to but they have yet to give me any details about anything.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No ma am.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

While leave is a right (you have the right to leave you have earned), when you take it can be regulated. They do NOT have to give you leave when you return...if you are pending Art 15 they can require that the Art 15 be resolved before you are allowed leave. In fact, that is common

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they have to give you leave when you return, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.