Are you allowed to record conversations, while in uniform, with subordinates or superiors without their consent?

2016-09-06T11:16:48-04:00

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!

Response by SPC Private RallyPoint Member made Sep 6 at 2016 11:50 AM

2016-09-06T11:50:16-04:00

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.

Response by SGM Erik Marquez made Sep 6 at 2016 4:01 PM

2016-09-06T16:01:20-04:00

This has come up in my last unit, the end result was, follow state law. That was JA findings after a SM recorded a conversation without telling the offcier, and that recording was used in his defence at the General CM (unsuccessfully I might add)
We are in Texas, and only one person needs to be aware of the conversation being recorded.

So yes , the SM being counseled could without announcing it, record the conversation, or the commander (NCO ) could do the same.
notwithstanding classified info or medical private info of course.

Response by LTC Private RallyPoint Member made Sep 6 at 2016 6:07 PM

2016-09-06T18:07:43-04:00

I'm not JAG, but I'm serving as an IG right now. Recordings have been used as evidence in IG cases before.

Response by SPC Paul Jennings, J.D. made Sep 6 at 2016 6:20 PM

2016-09-06T18:20:12-04:00

The easiest thing to do is simply inform the other party that you wish to record the conversation. If, however, you are attempting record conversations in order to "catch" them admitting to something, then it's a different story. Ultimately, it depends on the state your in, the location your in, current policies, and the intended usage of the final recording.

Response by TSgt Jennifer Disch made May 11 at 2017 1:15 PM

2017-05-11T13:15:04-04:00

It falls under ethics. Are you using it in your defense? Are you using the conversations against them? In a court of law the unauthorized recordings and any investigations that stem from it can't be used.

Response by SSG Private RallyPoint Member made Mar 29 at 2019 5:41 PM

2019-03-29T17:41:31-04:00

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?

Response by SSG Brian L. made Dec 28 at 2019 2:47 PM

2019-12-28T14:47:21-05:00

Just sounds grimey on all accounts... gross ... either way... the fact that you feel that you would need to is bad and if you are just planning to have ammunition against people... all around gross ...unless it is part of a CID investigation or regarding a serious crime sounds like low brow trashy stuff....