A Final Answer Please: How much terminal leave will I be able to take?

To all,

For planning purposes, in anticipation of an almost certain unfit finding, I would like to know how much of my leave I am going to be able to take when I separate (likely retirement with >30%). I have scoured the boards and read many of the posts on this subject, as well as the pertinent parts of AR 635-40. I understand that you may sell leave, and that you must get 20 days to out process, and that your commander MAY give you 20 days Permissive TDY (Although I'm not sure that every CDR is doing that).

My question is this: If you end up with about 75 days accrued leave like I have, and you want to take all of that leave, at the end, after you have outprocessed and cleared, and do NOT wish to sell it back to the Army, can you do so? I saw one message where a veteran member said that you could take up to 90 days of leave but have not been able to find any official documents to back that up. The regulation seems to say you have to sell back up to the 60 day career limit before you can actually take days. But I know I may be missing something.

At Fort Meade it seems like after WTs get their percentages, within about a week, they get their orders from Transproc and their separation date is extremely close, pretty much forcing them to sell back their leave. Can I fight this and insist on an amendment? Do I have any right to actually take my leave versus selling it? Or can they force me to sell it back?

Not an urgent matter at this point, but it may matter for the purposes of potential employment and school planning.

Jill
 
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Jill,

My husband is going through this now. What happens is, after you accept your percentage about a week later you will get a memo from (I believe it was my husbands PEBLO) on behalf of the army stating what your retirement date will be. You cannot go past this date. For example...my husband got his memo the middle of May and his retirement date was set for the 18th of August. He is not able to go past this date. He will have 72 accrued days by the time he is out. You are able to take as much leave as you can get in after you are done clearing (since you cannot take leave until you have cleared). He was medically retired and was only given ten days to clear and his CDR did not grant him permissive TDY because of how many days of leave he has. Because of how long it will take him to clear (housing is what screwed us up) he will have to sell back 12 of those days and is able to take sixty days of terminal leave. Hope this helps!
 
Like prf stated, usually after you decide to accept your results, you have 90 days to get released. Also just because you have 75 days, that doesn't mean that your chain of command will approve that. Remember to count back from your retirement date plus 10 days for clearing and if you have housing and transportation that could also set you back a few days. I would recommend you add your numbers up and make sure you will have enough time to clear.
 
I have heard that the first O-6 in your Chain of command can sign off on extending your TRANSPROC. I have also heard that they do not like to do this. Can anyone weigh in on this as i have about 80 days of leave and will be facing this issue myself.
 
Well, I have seen this play out in several ways. My take is that much has to do with how your base/chain of command acts and local policies. Leave is a tricky issue, because while it is an entitlement, how it is taken or whether it is paid instead of taken is to a large degree discretionary. From a lawyer's point of view, it is hard to get to the bottom of this because there is much variability and challenging these decisions would be extremely difficult. The only statement I would make with confidence is that you are entitled to take or be paid for all accrued leave. Anything else, like permissive leave, etc., would be discretionary. Complicating things, too, is that sometimes commands allow people to take "leave" off the books. Given all of this, I think the approach to take is to ask you command, PEBLO, and/or the transition point and see what answer they give.

I know this is probably not much help, but like I said, there is much variation in how leave is administered.
 
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