First off, this is a sensitive area that requires consultation with your command’s servicing Staff Judge Advocate.
My comments here are solely my personal opinion based on previous cases I have dealt with and is not to be inferred in anyway as a legal interpretation or legal advice.
In general, the following are topics that must be considered:
Are the Soldiers seeking or have plans to seek divorce?
Since divorce is handled by civilian courts, housing issues fall under civilian jurisdiction as well. In Ohio, for example, both parties are entitled to stay in the shared property until the court rules on the issue. This could be when the divorce is finalized or when legal separation is ordered. The court will consider a number of factors to include but not limited to:
- Custody of any minor children
- Any abuse and which party committed the offense
- Financial situation of each party
Domestic abuse
However, this is not to indicate that there is no recourse for the command/installation. I assume that since you mentioned that the two Soldiers “cannot get along” there have been some domestic altercations, either verbal and/or physical. If these issues are documented with the PMO and/or command, the housing authority, usually along with the installation commander or their designee, can order one or both of the Soldiers out of post housing.
After a domestic altercation has taken place, the unit command can order an offending Soldier into the barracks for a cooling off period. However, this is a temporary solution as most of the time the Soldier is only ordered into the barracks for 72 to 96 hours.
If abuse is involved, then the servicing Staff Judge Advocate must be consulted for any potential UCMJ violations and charges that may be appropriate. If charges are appropriate, then this could support removing the offending Soldier from post housing.
Professional military and family counseling
At a minimum, the Soldiers should have been counseled by their unit First Sergeant and/or Commander in regards their family situation and maintaining their family affairs. During this counseling, the Soldier should be made aware of the family counseling services available through the chaplains office and ACS.
I know this did not provide a concrete answer, but there is not one to give. Each situation is different and must be evaluated on its own merits and circumstances. I hope this helps.
Disclaimer: 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.
Comments
Part-Time-Commander
Very interesting topic here. As a senior NCO or officer, you have to be careful with this topic. You can counsel your Soldiers on the issue at hand, but make sure you get input from the housing office/JAG/ACS. That way you don’t get yourself into trouble.
Chuck