Now to what brought this on. Having recently taken company command I put together my first couple of policy letters, one of which dealt with military discipline. Being Army National Guard, we’re limited with the time and options. So one of my “options” was to limit the go home “privilege” of those who needed additional corrective training/action. What my policy states is simple:

“4. Loss of “go home” privileges during home station drills (e.g. when Soldiers are in an AT/IDT status and the unit is not in the field). Make no mistake, “going home” during home station drills is a privilege and not a right. Soldiers who fail to meet their basic responsibilities, who fail to complete tasks, or who fail to improve will not have the same privileges as those who do. Loss of go home privileges is a corrective training action in line with the policies in paragraph 2 above.”

Here is what I got in return from my BDE JAG section;

“In my opinion, Reference Paragraph 4, as it is written, the nature of imposing loss of go home privileges is punitive. Loss of go home privileges has no direct relation to any of the misconduct or performance deficiencies.”

And now my response in return:

“Actually it doesn’t. Is this opinion based on current regulation?
The counter to your opinion is the following; failing to meet the standard requires additional training and actions in order to meet the standard. When can I, as the commander, hold an M-Day Soldier accountable for failing to meet those standards? The only time that I can legally impose corrective action and training is during drill.
Soldiers who fail to pass the APFT require remedial PT, which takes place before and after duty hours – allowing them to go home then becomes a safety issue. The same applies to Soldiers who owe online certificates, evaluations, or other administrative items, and won’t do them at home.
This is not punitive; it is a commander doing what he can in order to provide motivation to meet the minimum. Additionally, it is a reflection of all of the applicable regulations. Furthermore, allowing Soldiers to “go home,” is in essence giving them pass privileges.
AR 27-10;
3-2, A commander should use nonpunitive measures to the fullest extent to further the efficiency of the command before resorting to nonjudicial punishment.
3-3, …These measures are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment. Included among nonpunitive measures are denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training (see AR 600–20).”

So how did I handle it? How would you have handled it?