Personnel Actions

The Army may direct or approve an early return of dependents (ERD) in the following situations:

(1) Official situations (for example, the Family member was involved in a situation that is embarrassing to the U.S. Government or is prejudicial to the command’s order, morale, and discipline; the Family member’s safety can no longer be guaranteed) or to support U.S. national interests.

(2) The Soldier or Family member has requested an early-return authorization because of a personal situation.

(3) The Soldier receives assignment instructions from the PDS OCONUS.

The USAG commander who is a colonel or colonel-equivalent is normally the approving authority for ERD actions returning Family members to CONUS under the provisions of the JTR, chapter 5. Deputy garrison managers will send command-initiated ERD actions to the next higher command for decision. The USAG commander—

(1) May stipulate travel requirements on the orders for the ERD action, for example, “Family members must travel by [date]. After this date, command sponsorship will be revoked, U.S. Government no-fee passports must be surrendered, and action may be taken to bar entrance of Family members to Government installations.”

(2) Has the authority to revoke the command sponsorship of Family members who refuse to depart the command after a command -directed ERD order has been issued because of official situations or to support U.S. national interests.

The ASA M&RA is the approval authority for ERD actions returning Family members to a country outside the United States and its territories. To process these requests, the Soldier will—

(1) Obtain the USAG commander’s endorsement.

(2) Send the request through the USAG MPD (with the USAG commander’s endorsement attached) to the FTS at email: usarmy.sembach.id-europe.mbx.g1-family-travel@mail.mil.

Before approving or endorsing a Soldier-requested ERD action because of a Soldier’s personal situation, the USAG commander must determine that the Family’s problems cannot be solved in the overseas command. The use of available resources, both on and off post, must be exhausted before the USAG commander approves or endorses the request. The approving USAG commander must—

(1) Carefully evaluate each case and determine whether the early return of the Family members is in the best interest of the Government, the Soldier, and the Family.

(2) Consider recommendations from chaplains, mental-health agencies, financial-management counselors, medical and educational specialists, or other applicable specialists or agencies.

(3) Receive a completed AE Form 55-46A from the Soldier who is making the request.

The USAG commander is the approval authority for Soldier-requested ERD actions (for personal situations). This authority may not be delegated. If doubt exists as to whether eligibility criteria have been met or if guidance is needed, the USAG commander may send the application with appropriate recommendations and comments to the FTS.

Early-return authorization will not be used in place of a Soldier’s Family care plan during TDY or deployment. Family-member travel to the care-provider’s location will be at the Soldier’s personal expense.

Soldiers who receive early-return orders must process through the local official travel office for Family-member travel and transportation.

(1) Soldiers who return Family members to CONUS at personal expense before early-return orders are issued will normally not be reimbursed for travel.

(2) After-the-fact requests for reimbursement of early-return travel and transportation expenses must meet the requirements of JTR, paragraph 050804, to be approved. The USAG commander is the approving authority for after-the-fact requests for reimbursement.

(3) The USAG commander may stipulate travel requirements on the orders for ERD actions. For example, “Family members must travel by [date]. After this date, the orders are void. The office issuing these orders must be notified by the Soldier if Family members do not travel.”

(4) The following statement should be added to the Soldier’s PCS orders if the Soldier returned Family members early under the JTR, chapter 5: “Travel of dependents and shipment of household goods are authorized from [enter the location to where the Family members were last shipped at Government expense] to [enter the new PDS] in accordance with paragraph 050804 of the Joint Travel Regulations.”

Soldiers who bring Family members back to Europe at personal expense after the Family members returned early to CONUS must request command sponsorship when the Family members return to Europe. In these situations, the Soldier must—

(1) Send the command-sponsorship request and recommendations from the Soldier’s chain of command to the USAG commander for consideration. The USAG commander may approve or disapprove the command-sponsorship request or require the Soldier to resubmit the request after a specific length of time.

(2) Serve 24 months after command sponsorship is approved. This requirement will not be waived.

Soldiers granted an ERD are authorized to move the Family members and HHG from the location in the United States where the Family members will reside as a result of the ERD to the Soldier’s new PDS at Government expense after the Soldier leaves the overseas command.

Individual Logistical Support (ILS)

Individual Logistical Support is in general granted to Department of War (DoW) ID card holders and their authorized dependents residing with them in Germany under the NATO Status of Forces Agreement (SOFA) and Supplementary Agreement (SA) thereto. The so-called SOFA status provides for tax- and customs free privileges.

The full range of ILS includes the use of the following benefits, services, and facilities:

a. Armed Forces Recreation Center facilities.

b. Army and Air Force Exchange Service.

c. Army Continuing Education System.

d. Commissaries.

e. Credit union.

f. Customs exemption.

g. DOD Dependent schools.

h. Housing referral services.

i. Legal assistance (AR 27-3).

j. Local Government transportation.

k. Local morale, welfare, and recreation (MWR) services.

l. Medical and dental services (AR 40-3).

m. Military banking facilities.

n. Use of the MPS.

o. Mortuary services (AR 638-8).

p. SOFA identification (AE Form 600-77C).

q. Pet and firearms registration and control.

r. Purchase of rationed items with ration cards.

s. Purchase of tax-free POL.

t. Transient billets.

u. U.S. Forces Certificate of License (AE Form 190-1F) and POV registration in the U.S. Forces registration system.

v. Purchase and use of VAT Form (Abwicklungsschein).

According to Army in Europe Regulation 600-700, a dependent's eligibility for ILS is directly tied to the status of their active-duty sponsor.

Consequently, when a service member permanently departs Germany due to a permanent change of station (PCS) or separation from service, their dependents' SOFA status and all associated ILS privileges are affected.

IAW AEAR 550-175 Dependents of U.S. Forces military and civilian personnel assigned in Germany with SOFA status, who remain in Germany after their sponsor’s death or transfer from Germany (hereafter referred to as “unaccompanied dependents”), will retain ILS and SOFA status for 90 calendar days after the sponsor’s death or transfer. This time is referred to as the 90-day grace period and starts on the day following the Servicemember’s date of death or report date to the new permanent duty station. Unaccompanied dependents remaining in Germany lose SOFA status and ILS at 0001 on the day after the last day of the 90-day grace period.

While under international agreements SOFA status and continued use of certain ILS privileges (i.e. use of US Forces sales facilities, POV, POL, VAT, etc.) during the 90-day grace period is authorized, certain ILS privileges (i.e. housing, …) as well as delayed family travel/the families continued presence within the Garrison must be requested through the garrison. Continued use of such benefits after the sponsor's departure is prohibited. This policy ensures that ILS privileges, which are granted under the NATO Status of Forces Agreement, are strictly reserved for personnel officially assigned to the command and their authorized dependents residing with them.

Service members may request an exception to maintain ILS (i.e. housing) for their dependents after departing Germany. The approval authority for such requests depends on the duration: extensions of up to 90 days may be approved by the Garrison Commander, while any request exceeding 90 days requires approval from higher headquarters under NATO SOFA provisions. NOTE: The 90-day grace period is based on international law and cannot and will not be unilaterally extended.

Personnel going to a dependent restricted short tour assignment outside of Germany, with a direct return assignment to Germany may request SOFA status retention for their dependent family members. Requests with proof of a follow-on assignment that returns the SM to Germany must be submitted through the local MPD to IMCOM-E G1 for further coordination with HQUSAREUR-AF, G34, OPM Customs.