While a criminal case against a military service member is still pending, how long does a leave of absence granted for that case last?
General information · Not legal advice
Material to check
In practice material of this kind, we check the decision granting leave of absence under the criminal case ground, the judgment or ruling on the case, and any reinstatement order from the appointing authority, since each fixes when the leave period ends.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the period as the duration of the pendency itself: leave granted on the criminal case ground lasts as long as that case remains pending, and no fixed limit is set by this provision.
Another reading stresses the proviso: even while the case is still pending, if a judgement of not guilty, a ruling or judgement dismissing the public prosecution, or another reason leads the appointing authority to issue a reinstatement order, the leave period runs only until the day before reinstatement.
Your judgment
If a reinstatement order has issued while the case record shows no acquittal or dismissal, what document would show which reason the appointing authority acted on?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set a fixed limit or a different end point for this leave period, or if a court decision explains what counts as another reason for reinstatement.