Is it legal for a Commander to try to kick a SPC out of their apartment lease because their roommate is a CPL?

SGT Private RallyPoint Member — Tue, 04 Jan 2022 22:04:33 -0500

Response by SFC Ralph E Kelley made Jan 4 at 2022 10:20 PM

SFC Ralph E Kelley — Tue, 04 Jan 2022 22:20:02 -0500

Have the SPC talk to JAG, but I bet there a few on RP.

Response by PO2 Christopher Morehouse made Jan 4 at 2022 10:31 PM

PO2 Christopher Morehouse — Tue, 04 Jan 2022 22:31:14 -0500

See AR 600-20 4-14c (https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN32931-AR_600-20-004-WEB-6.pdf); specifically prohibits shared living arrangements between NCO's and junior enlisted unless they meet an exception. I would say a commander is permitted to take action to enforce the regs. If they meet an exception, they should try to approach it from that angle.

ARN32931-AR_600-20-004-WEB-6.pdf)

Response by MSG Private RallyPoint Member made Jan 5 at 2022 1:35 AM

MSG Private RallyPoint Member — Wed, 05 Jan 2022 01:35:25 -0500

AR 600-20, Section 4-14, Subsection C(2) states: "Dating, shared living accommodations other than those directed by operational requirements, and intimate or sexual relationships between officers and enlisted personnel, or NCOs and junior enlisted Soldiers."

So, if I am understanding that section properly, then yes the CPL and SPC are in violation of the policy. That being said, I would highly recommend Legal advice be sought after for confirmation. Plus, I would also starting sending RFIs IOT ascertain the financial burden the roommates will face, especially if one has to move out and break their part of the lease and for the other person since they will be facing the bills for the apartment solo until another roommate can be found.

Response by SGT Morrison (Mike) Hogwood made Jan 5 at 2022 10:53 AM

SGT Morrison (Mike) Hogwood — Wed, 05 Jan 2022 10:53:08 -0500

Your question says the person concerned is a CPL,which in some cases they are treated as NCO's,but if the person is a SPC, then are junior enlisted and may abide by the regs,I've been out so long I don't remember what look for and also they keep adding to regs.good luck

Response by SFC Kelly Fuerhoff made Jan 5 at 2022 12:39 PM

SFC Kelly Fuerhoff — Wed, 05 Jan 2022 12:39:52 -0500

Are they in the same unit? Does the CPL have some kind of supervisory role over the SPC? This is a pretty vague question honestly.

I'd tell the SPC and CPL to go talk to JAG about it.

Response by MAJ Ken Landgren made Jan 5 at 2022 2:00 PM

MAJ Ken Landgren — Wed, 05 Jan 2022 14:00:11 -0500

If I were the commander I would not care. I would not give it a second thought. One of my goals was eliminating the stupid stuff.

Response by Lt Col Jim Coe made Jan 5 at 2022 3:03 PM

Lt Col Jim Coe — Wed, 05 Jan 2022 15:03:56 -0500

Based on what I see on RP it could be legal for the commander to do it. Question is why would the Commander bother? Has someone complained? Recommend both Soldiers go talk it over with First Sargent. He or she may have a perspective on what the Commander is doing or might do.

Response by SGM Bill Frazer made Jan 5 at 2022 11:53 PM

SGM Bill Frazer — Wed, 05 Jan 2022 23:53:29 -0500

Legal- have to talk to JAG. Tho the CDR can rescind permission to live off post, if there have been problems.