Is it legal for an ETSed soldier to live in the barracks?

SSG Private RallyPoint Member — Fri, 23 Mar 2018 01:59:33 -0400

There’s rumors of an ETSed soldier (now IRR) living in another active duty soldiers barracks room in Germany. Is this legal?
Also, the SM decided to purposely miss their free flight back stateside to stay in Germany without a passport, would this make the SM an illegal immigrant? What kind of repercussions does this SM face and what am I to do if I find this SM (use to be within my platoon)?

Response by CW3 Jeff Held made Mar 23 at 2018 3:29 AM

CW3 Jeff Held — Fri, 23 Mar 2018 03:29:59 -0400

Part 1: that soldier is not permitted to stay in any military barracks. There are “guest” provisions for housing but that is a 30 day stay.

Part 2 a: did the soldier separate out in Germany or was that supposed to happen stateside? If they were to separate stateside then technically that person missed movement. Part 2b: if the soldier did separate from the military in Germany they are subject to German law. Unless that person has obtained a German visa then they could be illegally in Germany.

Would not want to be the soldier who is abetting the separated soldier and allowing them to hide out in his / her barracks room.

Response by SGT David T. made Mar 23 at 2018 8:58 AM

SGT David T. — Fri, 23 Mar 2018 08:58:02 -0400

If this turns out to be true, you really cannot do much. Regardless of previous unit affiliation you have zero authority or responsibility over a discharged veteran. The DD-214 is strong with this one and a powerful ally indeed (read that in Yoda voice).

You can check with PMO to see if they have a visitor's pass. That could be an indicator that they are still around and who sponsored them. If they don't have one and you discover them, you can call the MPs and have them removed from post. Their German immigration status isn't your concern. You have no obligation to that individual whatsoever. You can choose to try and help them but that is up to you.

I must say this is probably one of the strangest posts I have seen on here. I don't know too many ETSed folks that would want to stay around their old units lol.

Response by SFC Private RallyPoint Member made Mar 23 at 2018 9:21 AM

SFC Private RallyPoint Member — Fri, 23 Mar 2018 09:21:07 -0400

It is not legal for the soldier to stay in another soldiers room. The soldier allowing the ETS'd soldier to stay could face punishment under UCMJ considering that all units have a barrack policy on visitors.

As far the ETS'd Soldier staying in Germany without a Visa (going through the "German out" procedures) there isn't much you can do to him. If he's found on post without a visitor pass or sponsor the soldier can be removed from the post but after that it's a German issue.

There were a few guys that had been in my company in Germany that ETS'd or were chaptered and didn't leave on their scheduled flight, it's actually fairly common especially if the Soldier had a child with a German citizen.

Response by SSG Private RallyPoint Member made Mar 24 at 2018 1:31 AM

SSG Private RallyPoint Member — Sat, 24 Mar 2018 01:31:27 -0400

Thank you all. Turned out the soldier was on post staying in another soldiers room. He used his IRR card to get on post. He’s most certainly an illegal in Germany and without a passport I’m not sure what he will do. But, as Sgt David Thomas put it, it’s not my obligation. Was just concerned for the soldier who was housing him honestly and didn’t want to step out of line. Again, thank you all for the advice.

Response by SGM Bill Frazer made Mar 24 at 2018 5:06 AM

SGM Bill Frazer — Sat, 24 Mar 2018 05:06:58 -0400

OK, 1st of all, if they are ETS'd and are caught in the barracks without going thru the normal methods, then they are trespassing and can be arrested. 2. If they are now civilian mode or even IRR without a passport and or orders, then they are in the country illegally and need to be turned into the proper authorities at once. What do the face- legal actions by DA for the trespass, and legal actions/deportation by the German government. They aren't illegal immigrants since they are on US property, but they would be an undocumented person, which is still against the law.