Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer, Get an Answer ASAP!

Military Terminal Leave

What is terminal leave? The final leave that a service member may take before they get a discharge from the military service is called terminal leave. People may often mistake terminal leave to be their right. However, this may not always be the case. Given below are some important questions regarding terminal leave that have been answered by the Experts.

Can an officer return to work from terminal leave sooner than the scheduled date?

It may be possible for an officer to return to work from terminal leave sooner than the scheduled date. The officer will have to show their leave papers to the concerned authorities. It they do not permit this individual, they may also request the commanding officer to give a letter giving all the details of the officer’s Post Deployment/Mobilization Respite Absence (PDMRA) and leave. The letter may also state that the individual does not have any more active duty obligations.

Can a service member be denied permission to take terminal leave?

A service member may be denied permission to take terminal leave. In most situations, a leave may not be considered a right. Hence, whether a service member can take leave or not may be at the discretion of their commanding officer. If the member feels that the officer is being unfair to them, the individual can request to directly speak to their officer. If the officer still does not cooperate, the individual may file an Art 138, UCMJ complaint with a superior commander.

An officer may be asked to complete their extra duty before taking terminal leave if they received the duty due to an Non Judicial Punishment (NJP) or court martial. The officer may either take the leave after completing the extra duty or their commanding officer may cancel the leave. If the individual has got general or honorable discharge, they may also be able to sell any leave that they have not taken.

Up to how many days of unused terminal leave can an individual sell?

An individual may be able to sell up to 60 days of terminal leave during his/her service.

How long can an individual, who has been called off his/her terminal leave be held for an investigation of misappropriation of funds?

If an individual has been called off terminal leave for an investigation, he/she may be held for as long as the investigation continues. Most of the times, the individual may have to be tried within a period of 120 days. If the individual wants to, he/she may send a letter to his/her commanding officer demanding a speedy trial.

Whom should a service member submit a terminal leave request to?

A terminal leave request may be submitted to an individual’s battalion commander.

Can an officer be taken to NJP if they are arrested for Driving Under the Influence (DUI) while on terminal leave?

An officer may be taken to NJP if he/she is arrested for DUI when on terminal leave. This is because the officer may be subjected to the Uniform Code of Military Justice when he/she is on terminal leave and can be punished if he/she violates the code.

There may be various rules and regulations governing terminal leave. Whether you qualify for it, whether you can sell your unused leave, under what circumstances can you be denied your leave, etc are some of the things that you may need to know about terminal leave. In such situations, you may speak to an Expert and get all the information you need about it.
Please type your question in the field below

3 verified Military Lawyers are online now

Military Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
P. Simmons

Military Lawyer

Doctoral Degree

★★★★★
14272 positive reviews
Online
Allen M., Esq.

Lawyer

Juris Doctor, Cum Laude

★★★★★
5086 positive reviews
Online
Marsha411JD

Lawyer

Doctoral Degree

★★★★★
1740 positive reviews
See all Military Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.