Can S/M who is getting out (and is not approved for European out) receive an adverse action for missing their flight from Germany to US?

I don't see why you would face adverse actions if you finaled out and received dd 214/separation paperwork. That's the free ticket the army provides the SM a return flight back to home country. If you miss that flight on purpose, then you might owe the government money for cost of the ticket. But if you decide to remain in Germany, just remember you have 90 days to find employment preferably on the American side to get logistical support or basically the same privileged that you had while wearing the uniform ie px, commissary, apo box, vehicle registration, etc. Aafes will be a start until you find a GS/federal job. Once you cross over to the German system, you can kiss logistical support and federal jobs good bye unless you go back to the states for 2 years. Since your spouse is German, it would be easier for you to get resident permit, but I would be careful about doing that since that might declare you an ordinary resident meaning that you fall under the German system meaning you will be considered local national and can't work on the American side. The best bet is to go on Aafes.com and pick up a small job with 20+hours for ID/sofa to stay under the American system without having to register under the German system until you find a GS job..........

It would depend on what your orders state. WIthout a "European Out", one used to be required to do their final out stateside.

It's called AWOL and Missing Movement- both court-martial offenses- does the fool want to ETS or get a BCD? The passport will just keep the Germans from throwing in jail and then deporting him.