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Can single Soldiers live off base?

How would I report a single Soldier for not living in the barracks?

This is a recurring issue throughout units I have served in.  The command can not force a Soldier to sleep in the barracks.  Essentially, any Soldier assigned a barracks room is still required to stand inspections, be on any duty roster for the barracks, i.e. CQ, Fire Guard, cleaning, etc., and participate in any short notice GI Parties that may be called if the command determines the barracks are not up standards.  Basically, any duties a Soldier who does sleep and actually reside in the barracks are required to do, a Soldier who is assigned a room and chooses to sleep elsewhere, is still required to perform the same duties.  Also, a single Soldier who has an assigned room in the barracks and chooses to live off base does so without receiving BAH or BAS.

Restricting a Soldier’s movement

Forcing a Soldier to have a bed check and sleep in the barracks is essentially imposing restriction.  Restriction can only be imposed by a commander.  Restriction can only be imposed as part of UCMJ action.  The commander can not arbitrarily impose restriction because a Soldier sleeps off base, even though they have an assigned room in the barracks.  If the command would require all barracks personnel to be in their rooms at 2300 for example, they are restricting the Soldiers’ movement without just cause.

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posted on 06/04/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

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