Posted on Sep 6, 2016
Are you allowed to record conversations, while in uniform, with subordinates or superiors without their consent?
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Obviously if its sensitive/classified/HIPPA/Unit related information that is a no go. This is more along the lines of conversations in garrison nothing to do with unit but personal issues. I know the federal law allows it,that state laws may vary. I am wanting to know if it is against UCMJ/policy and refer to where that information can be found, sorry I am not looking for opinions here. Thanks!
Legal Advisor
JAG
Posted >1 y ago
Responses: 7
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I'm a Paralegal, SGT. I've never heard of something like this, but I can check the books. I'll see if I can come up with anything. I would still consult a Judge Advocate though, they might be a bit more knowledgeable on this.
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SPC (Join to see)
SGT (Join to see) - I can't find anything in the Manuel for Courts-Martial about it in the Punitive Articles or Military Rules of Evidence. I checked § 938. Article 138. Complaints of wrongs, and nothing about recording there either.
I would make sure for certain about your Local, County, State, and Federal Laws regarding the matter in your area as when UCMJ doesn't have an Article, Civilian Law can be applied.
I would also check your Unit and Command Policies regarding this because if there is a policy then you could potentially be in violation of Article 92, Failure to obey order or regulation.
If this were involving something like capricious reprimand or complaints of wrongs and you were reporting it up the chain or to JAG you should be fine but ultimately I would still consult your JA because they might be able to find more then I did or know of a precedent or other such details on matters like this.
I would make sure for certain about your Local, County, State, and Federal Laws regarding the matter in your area as when UCMJ doesn't have an Article, Civilian Law can be applied.
I would also check your Unit and Command Policies regarding this because if there is a policy then you could potentially be in violation of Article 92, Failure to obey order or regulation.
If this were involving something like capricious reprimand or complaints of wrongs and you were reporting it up the chain or to JAG you should be fine but ultimately I would still consult your JA because they might be able to find more then I did or know of a precedent or other such details on matters like this.
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Suspended Profile
I'm not JAG, but I'm serving as an IG right now. Recordings have been used as evidence in IG cases before.
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Is their really no regulation answer for this? Seems very unlikely that the default would be "Go by the state you are in" 1. We're not talking about the National Guard. And 2. We are literally all around the world.. so which "State" do we default to then if we are in Iraq, Japan, Taiwan, etc..? 3. We are a federal force, so shouldn't we default to the federal rule then? 4. Why wouldn't be able to use a recording to defend yourself? So many times toxic leaders get away with stuff because they are given more benefit of doubt and credence to their word than the junior Soldier that is most likely facing the fire and we all know toxic Leaders are really forthcoming with integrity and good at accepting responsibility for their own faults right? Surely they would never manipulate things to their own benefit and while at the cost of others right?
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