Posted on Sep 13, 2018
Can leadership go through a barracks room without the SM under the guise of a "barracks check"?
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I've read a few other posts about barracks inspections, but I couldn't find what applies to the situation that was brought up to me. A SM that trusts me came up to me and told me that on several occasions their barracks room was open. Now, this barracks is a "suite" style where there is a shared common area, but the sleeping areas have separate doors/locks. On more than one occasion they have gotten off work to walk into the common area to find the door to their sleeping area wide open. Later that day they found out that their 1SG did a "barracks check" while ALL the SM were at work, with no notification to the SM's. This feels terribly wrong to me. As a junior enlisted I was always notified (even if only minutes before) that a barracks inspection was taking place. Can leadership go through a barracks room without the SM under the guise of a "barracks check"?
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Barracks
Barracks
Posted >1 y ago
Responses: 21
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I ran into that same situation here with one of my previous detachment sergeants. I consulted with JAG and they said the only way they can go through a SM room is for a legitimate health and welfare inspection or furniture inspection. Even the furniture inspection thing is kind of a gray line. Because like someone else mentioned earlier, that SM could mention something was missing or damaged after someone went through their room with them being present. Some leaders think that because a Soldier lives in the barracks that they can go in their room whenever they want whether the SM is there or not. A GOOD leader would already know to check with JAG before doing something like that. With that all said, there’s no reason to go through a SM room without them there unless it’s for a health and welfare check or they have some kind of warrant or probably cause to do so.
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When I was at Bragg the guidance was that JAG required the SM to be present in order for them to be held accountable for anything found. I believe the line of reasoning was that a SM could claim the contraband was placed there while the door was left open.
This isn't something I verified in writing, only the explanation a 1SG gave to me.
This isn't something I verified in writing, only the explanation a 1SG gave to me.
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I understand your point however, you have to look at the situation from a different view. You are in essence government property as is your housing regardless of the type I.e. barracks or family housing. It is the leaderships responsibility to maintain said housing. Random inspections will occur when directed by the commander and are executed by the NCO's I.e. 1SG and Platoon NCO's. When properly conducted there will always be more than 1 NCO in each room for verification of the inspection findings. Generally it is designed for the purpose of identifying hazards and ensuring the safety,health and welfare of the occupants. With that being said, the room should have been secured upon departure and if done as a command directive properly you wouldn't have even known about it.
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SFC David Hoernlen
During my service I have conducted daily room inspections for the purpose of ensuring soldier compliance with unit standards and enforcement of my Commanders written policies. Commanders establish the policy and NCOs are the standard enforcers. Unit commanders are responsible for the government property. NCOs are charged with the responsibility of ensuring the commanders property is maintained and secured. After all when a change of command inventory is conducted the commander is the one signing the statement of charges for anything missing unless a hand receipt is present showing whom it was signed for by thus relieving the commander of the loss.
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PO3 Pamala McBrayer
Yes. Privacy is limited to a locked locker/footlocker without a warrant. I watched a criminal warrant executed in my barracks where NCIS went through EVERYTHING and seized personal mail etc. the accused had to stand at attention in view of her locker. Present: the agent, an assistant packing up seized evidence, the company commander, and the Senior Chief in charge of that unit.
She was busted out of the Navy as a homosexual before Don’t Ask Don’t Tell.
It was brutal and invasive and probably excessive. It left a bad impression with me…and it was used again against 12 other women in my company. It was a witch hunt.
Barracks inspections were used as a pretext to discipline “suspected” individuals. I lived ashore, but was assigned a room for duty nights 2 days before an announced inspection. I had one roomate of possible 4 total. That PO was being targeted, I found out later, for the same issue. She and I prepared together, came through that inspection with a perfect score…floor was like GLASS. Her uniform was perfect, mine was perfect. The ONLY ROOM to get that score.
It sooooo annoyed our company commander. I did not know, that PO was pending Captains Mast and THIS ROOM ISSUE was going to be used to slam dunk her. (And me! Because I helped others get their stuff together, told people how to square away, get out of trouble…aka “sea lawyer “)
I had to tell the Captain honestly, hey I was assigned 2 days before. The sailor had a well kept room to start with. We worked together, got that perfect score on inspection. If there was a problem, she fixed it, and improved to become an example. She is properly motivated and it wasn’t me carrying it by myself. She did her part in excellence. Isn’t that what we expect from discipline? Correction?
If looks could kill…OMG, from my unit leaders. The Captain was satisfied. She went on and as far as I know, had no further issues in that regard.
Next: came the call in by NCIS for questioning to accuse me of being bisexual/homosexual to pressure me to roll on this shipmate. I wouldn’t roll because I had no reason to because there was nothing there that I had observed or witnessed. Period. They tried to scare me into lying against my shipmate to supposedly “save myself”! I REFUSED and stood up to leave. They told me thatI could not leave.
So. Out came my officer’s training.
Am I under arrest? no.
Am I being charged with a crime? No.
Am I free to leave? No.
Please call JAG then. I want a lawyer. I came here as ordered by my senior chief. I have cooperated in answering your questions. You have since implied that I am the subject of an investigation and that I have violated the UCMJ in some manner. I exercise my right against self incrimination and refuse to answer any more questions without counsel. I also request that you inform my command that I am being detained.
After a few moments hesitation, one got up opened the door and told me I was free to leave, for now.
I walked straight over to the command quarterdeck found that senior chief, and it went scorched earth from there.
She was busted out of the Navy as a homosexual before Don’t Ask Don’t Tell.
It was brutal and invasive and probably excessive. It left a bad impression with me…and it was used again against 12 other women in my company. It was a witch hunt.
Barracks inspections were used as a pretext to discipline “suspected” individuals. I lived ashore, but was assigned a room for duty nights 2 days before an announced inspection. I had one roomate of possible 4 total. That PO was being targeted, I found out later, for the same issue. She and I prepared together, came through that inspection with a perfect score…floor was like GLASS. Her uniform was perfect, mine was perfect. The ONLY ROOM to get that score.
It sooooo annoyed our company commander. I did not know, that PO was pending Captains Mast and THIS ROOM ISSUE was going to be used to slam dunk her. (And me! Because I helped others get their stuff together, told people how to square away, get out of trouble…aka “sea lawyer “)
I had to tell the Captain honestly, hey I was assigned 2 days before. The sailor had a well kept room to start with. We worked together, got that perfect score on inspection. If there was a problem, she fixed it, and improved to become an example. She is properly motivated and it wasn’t me carrying it by myself. She did her part in excellence. Isn’t that what we expect from discipline? Correction?
If looks could kill…OMG, from my unit leaders. The Captain was satisfied. She went on and as far as I know, had no further issues in that regard.
Next: came the call in by NCIS for questioning to accuse me of being bisexual/homosexual to pressure me to roll on this shipmate. I wouldn’t roll because I had no reason to because there was nothing there that I had observed or witnessed. Period. They tried to scare me into lying against my shipmate to supposedly “save myself”! I REFUSED and stood up to leave. They told me thatI could not leave.
So. Out came my officer’s training.
Am I under arrest? no.
Am I being charged with a crime? No.
Am I free to leave? No.
Please call JAG then. I want a lawyer. I came here as ordered by my senior chief. I have cooperated in answering your questions. You have since implied that I am the subject of an investigation and that I have violated the UCMJ in some manner. I exercise my right against self incrimination and refuse to answer any more questions without counsel. I also request that you inform my command that I am being detained.
After a few moments hesitation, one got up opened the door and told me I was free to leave, for now.
I walked straight over to the command quarterdeck found that senior chief, and it went scorched earth from there.
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PO3 Pamala McBrayer
SFC David Hoernlen I agree with that. That means you also know that building maintenance is doing their part. Shipboard, it is vital for the safety of the ship itself. Everything stowed as required, place kept clean, passageways clear of hazards, sanitation/systems functioning in berthing or tagged out if needed. It’s a spot check to make sure subordinates are not just saying everything is ok without checking themselves.
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SSG Bill McCoy
When I was in, and during the 70's, barracks including 3-man rooms could be entered by the 1SG and above for a general eyeball inspection. If however it was to search or even just "look" for contraband, the service members had to be present. In some cases (MP's) it had to be with an authorized Search Warrant.
Barracks and 3-man rooms were considered gov't property. LOCKERS on the other hand, could NOT be opened without the service member unlocking it for a full inspection. The justification for an "eyeball" inspection was to check the living area was clean, and bathrooms were likewise clean/sanitary. I see nothing wrong with that. Keep in mind that, depending on MOS and duty schedules, it would be disruptive to a section's duty to require every service member to be present except for pre-announced, scheduled full inspections.
Barracks and 3-man rooms were considered gov't property. LOCKERS on the other hand, could NOT be opened without the service member unlocking it for a full inspection. The justification for an "eyeball" inspection was to check the living area was clean, and bathrooms were likewise clean/sanitary. I see nothing wrong with that. Keep in mind that, depending on MOS and duty schedules, it would be disruptive to a section's duty to require every service member to be present except for pre-announced, scheduled full inspections.
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