Command-directed EROD delivers severe consequences

By Douglas DeMaio, USAG Bamberg Public AffairsApril 16, 2009

BAMBERG, Germany Aca,!" Civilian misconduct and poor decisions overseas can lead to a range of consequences, ranging from community service to being involuntarily removed from the country.

Aca,!A"Members of our community really need to know ... about Early Return of Dependents,Aca,!A? said Sgt. 1st Class Calvin Newman, U.S. Army Bamberg's acting provost marshal. Aca,!A"There's a large misconception about it. Sponsor-requested (EROD) is very limited in scope and it applies to certain things; command directed is something entirely different.Aca,!A?

Aca,!A"Some people believe they have a choice in the matter and this is simply not true,Aca,!A? Newman noted. Aca,!A"When you make poor decisions, the kind that can lead a person through our front door at the MP station, you may not have a choice.Aca,!A?

U.S. Army Europe Regulation 27-9 mandates that garrison commanders are responsible for morale, welfare, safety, and good order in their geographic areas of responsibility. As the Civilian Misconduct Action Authority, Lt. Col. Gary Rosenberg is the approving authority for ERODs here. He makes decisions based on facts and supporting documents.

In the case of a command-directed EROD, the supporting documents are usually serious incident reports or affidavits versus a clinical report, divorce decree or last will and testament, which could be used in a sponsor-requested EROD. Supporting documents from Social Work Services and other agencies are submitted as well. When a serious incident occurs, the Civilian Misconduct Action Authority will appoint an investigating officer.

Duane Kozel is the assistant Civilian Misconduct Action Authority who works for the garrison commander. Kozel gathers facts and evidence from various organizations to present the offender's case to Rosenberg.

In accordance with suggested penalties in USAREUR Regulation 27-9, Rosenberg and Kozel have developed a standardize chart for when action is required to pass fair and impartial judgments on offenders.

The chart is based on a point system. Shoplifting; larceny; fighting and assault; damage to property; drunk and disorderly conduct; unauthorized use or possession of a controlled substance; driving while intoxicated; vehicle and traffic violations; child neglect; spousal abuse; truancy; misuse of ration card, purchase, or postal privileges; and others are all offenses listed in on the chart.

Each offense corresponds with a certain point value based on the severity of the offense.

More severe the offenses, equate to more points being issued to the individual. When individuals are issued two or more points, they will be required to perform community service. Hours of community service will be determined by adding a zero at the end of the point, which means if someone receives three points, they will be required to perform 30 hours of community service. Between one and eight points is considered civilian misconduct.

Civilian misconduct is essentially a surrogate for the German judicial system and assists in ensuring that good order and discipline are maintained.

Aca,!A"It's important for people to realize we are visitors while living in Germany,Aca,!A? Newman said. Aca,!A"We don't have a right to live in this country; we have the privilege of living in it.Aca,!A?

Aca,!A"We have our rules, but German law enforcement has ultimate authority over an incident that occurs with any of our personnel,Aca,!A? Newman said. Aca,!A"German authorities can charge an individual, but typically they let us deal with the problem.Aca,!A?

Family members who reside overseas with a sponsor are considered command-sponsored family members. The details for allowing a family member to reside with a sponsor are agreed on in a Status of Forces Agreement, yet most people are unaware that while stationed in Germany, command-sponsored dependents and civilian employees are subject to German law. This means if laws are broken, the offenders could be prosecuted under German law.

Aca,!A"The reason the whole process for EROD and civilian misconduct were created was because of the SOFA,Aca,!A? Kozel said. Aca,!A"In most cases, German law enforcement will give use some latitude to deal with the situation based on the severity.Aca,!A?

While a Soldier is subject to the Uniformed Code of Military Justice, sponsored civilians are not. They are, however, subject to civilian misconduct, Newman said. Penalties can include warning letters, community service, restitution or loss of privileges.

Aca,!A"Most people will say 'I'm sorry; it will never happen again',Aca,!A? Kozel said. Aca,!A"These are one time only subjects. It's the 10 to 15 percent that are repeat offenders. This is usually the determining factor of civilian misconduct leading to an EROD.Aca,!A?

Those who continue not learn from their mistakes are likely to be statistics, Kozel said. Receiving nine points will begin the EROD process.

In Kozel's time at Bamberg, he has seen offenders from ages 13 to 66 and investigated offenses ranging from simple assaults to aggravated assault and larceny.

Last year, Kozel was involved in 12 family members being returned stateside as the result of an EROD.

Aca,!A"Every one of them earned the right to go away,Aca,!A? Kozel said. "The commander is very adamant about enforcing his responsibilities."

U.S. regulations governing EROD are defined in the Joint Federal Travel Regulation. It specifically states individuals will be returned from their overseas location when a command-sponsored dependent becomes involved in an incident which:

*Is embarrassing to the U.S. government;

*Is prejudicial to order, morale, and discipline in the command; or

*Gives rise to conditions in which the dependent's safety no longer can be ensured because of adverse public feeling in the area or because of force protection and anti-terrorism considerations

Individuals who receive a command-directed EROD are returned stateside and barred from installations throughout Germany.

If a dependent feels the judgment is unfair or excessive, they can appeal the process, Kozel said. The appeal process is reviewed by a colonel. The reviewer's decision is the final decision and no other appeal process is taken into account, unless other unforeseen factors take place.

Aca,!A"EROD has a way of coming back to haunt the person who was barred,Aca,!A? Kozel said.

An example Kozel gave is enlightening to those who think EROD was an easy way out.

Aca,!A"Sometime during their youth they had repeated acts of misconduct and were barred from the theater and sent back on EROD,Aca,!A? Kozel said. Aca,!A"Say a person joins the military several years later, (with) orders returning them to Germany Aca,!" where they find that bar is still in effect. They won't be able to come to work until that bar is lifted, so they'll have to appeal it. Their commander will quickly know this person had done something in their past. An EROD can affect you years later.Aca,!A?

Aca,!A"These things don't simply go away,Aca,!A? he said. Aca,!A"They last a very long time.Aca,!A?

Aca,!A"The consequences are real and the outcome is usually unpleasant,Aca,!A? Rosenberg said. Aca,!A"In the case of a command directed EROD, someone really screwed up. If this happens, picking up dog droppings for community service will seem like a pleasant day in the park.Aca,!A?

(Editor's note: This is the final segment of a two-part series on the Early Return on Dependents program)