Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

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James L. Arrasmith
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Answered

A: In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency, commanders often have discretion to grant leave, but they are not legally bound by a doctor's note.

However, if you believe your leave request is being unreasonably denied, especially in light of such serious family circumstances, you have options. First, you can discuss the situation with your immediate chain of command or seek guidance from your unit's JAG officer. They can provide specific advice on military regulations and policies regarding leave in such situations.

If these steps don't lead to a satisfactory resolution, consider contacting the Inspector General (IG) of your service branch. The IG can review your case for any potential violation of military policy or undue hardship.

Remember, while military commanders have considerable authority, they are also expected to consider the welfare of their personnel, especially in cases of family emergencies. Your situation, given its seriousness, should be addressed with sensitivity and understanding by your command.

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