Posted on Sep 24, 2020
My chain of command just announced that they're going to inspect on and off-post housing. What are they allow to inspect?
85.7K
1.28K
451
247
247
0
So my question is can they order me open up my kid's room if my son and daughter are in their rooms, or if my dogs are in one of the rooms behind a closed door because of not being friendly to strangers can they order me to open. I apologize for such a naive question, I just have never experienced this before. Is there anything I can reference about off post house inspection by the chain of command.
Posted 5 y ago
Responses: 197
Not sure, but if this is government housing you live in and you receive money to rent or military pays for your housing, it's quite possible inspections are authorized. When I was active not many fellows soldiers lived off base.
(0)
(0)
Generally off post housing cannot be inspected or searched in CONUS unless a warrant or probable cause for an exigent entry exists. There are exceptions, however. In a nutshell, in CONUS it depends on the lease, overseas on the SOFA and the lease as well (see Military Rule of Evidence 315(c)(3), 315(c)(4), 311). If the Service leases your off post housing, it can be considered an extension of government quarters and is as such subject to inspection or search, provided the inspection/search is reasonable under the conditions (Donnelly v. United States - United States v. Reppert). When reaching the courts, elements like the government rather than the individual leasing the property, language in the lease stipulating the right of the service to conduct inspections; government owned furniture, furnishings, appliances, etc. present in or at the location; any contractual liability for the government arising from the occupation of the location; the degree, timeliness, and frequency of inspection notices; along with the reasonableness of the inspection or search in terms of military discipline or order, are deciding factors in how far a Commander can go.
(0)
(0)
You may want to check with your local JAG. In ancient times, early 70s, it was allowed, especially during IG inspections.
(0)
(0)
1stSgt Nelson Kerr
Even when we were serving in the 70s it was a violation of law and Regs, it is just that nobody enforced them. The 4th Amendment has been around for far longer that evenold farts like us.
Some rules get ignored, I remember a base Commander in Korea who decide he had some say about whether troops married locals, when Congress specifically took that power away , after many abuses, in 1966.
Some rules get ignored, I remember a base Commander in Korea who decide he had some say about whether troops married locals, when Congress specifically took that power away , after many abuses, in 1966.
(0)
(0)
If you live on post as I understand it yes your quarters can be inspected and or searched at any time. If you live off post they can not inspect your quarters however remember they can make you move on post but they can not make your family move.
(0)
(0)
SSG Dennis Mendoza
No I know that just was asking, they were slick about it they literally came to the house and said oh can you invite us in oh thank you for inviting us in to your home, they were really slick
(0)
(0)
SSG Watis Ekthuvapranee
Go up the chain of command and complain, open-door policy. The IG is the only one left if not the chain of command. The IG is where any soldiers can file a legal complain in according to the Army's law. However, the people that have any kind of authority at all on base is the Garrison Command for that base. They own and have the authority over on base housing. However, if it leases out to private company for management, then that company has the authority over that housing.
I used to work for Garrison Command. I was drafted, actually, by the CSM. So, I know a little bit about housing stuff.
Another way is to call a cop on them and refuse to let them in to your house doesn't matter whether on or off-base because your family are not in the military. They have every write in according to the State's law. If your family refuses to allow them to come in, chain of command cannot do anything without court order with probable cause. Meaning they have to have a warrant to do so. Your chain of command should back down because your family can pursue a legal matter in accord of States law.
I used to work for Garrison Command. I was drafted, actually, by the CSM. So, I know a little bit about housing stuff.
Another way is to call a cop on them and refuse to let them in to your house doesn't matter whether on or off-base because your family are not in the military. They have every write in according to the State's law. If your family refuses to allow them to come in, chain of command cannot do anything without court order with probable cause. Meaning they have to have a warrant to do so. Your chain of command should back down because your family can pursue a legal matter in accord of States law.
(0)
(0)
1stSgt Nelson Kerr
SSG Dennis Mendoza - Go higher after stopping at the JAGs office, A letter to your congress critter might be necessary.
(0)
(0)
1stSgt Nelson Kerr
SSG Dennis Mendoza - one secret is top contract the IG in writing and openly CC your Congress critter.
(0)
(0)
The chain of command is not coming out to inspect your on/off post housing like you do to inspect the Soldiers' rooms in the barracks. They come by your home to check if you live at the residence, if you have running water and electricity at your residence and that Uncle Sam's BHA is covering your rent and utilities. Basically the chain of command wants to ensure that the BHA is more than sufficient for quality of life.
(0)
(0)
Here is an article you might want to refer to but I would encourage you to speak with your local JAG or IG as well.
http://asktop.net/q-and-a/can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare/?all=1
Also consider the following YouTube Channel: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA
http://asktop.net/q-and-a/can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare/?all=1
Also consider the following YouTube Channel: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA

can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare
I would caution about giving the impression that the command can "at will" inspect a Soldiers on or off post housing. The command must have permission of the
(0)
(0)
I can understand "Health & Welfare" checks for specific individual circumstances, but home inspection brings to mind intrusiveness into your home life. In the barracks and maybe on post housing you might be required to submit , but off post, I don't think so!
(0)
(0)
Will for one if you are a tenant and paying rent / mortgage then they have no right to inspect your dwelling at will unless it is upon your approval and that you will be there. If they want to inspect then it must be in common areas and not private areas. The inspection is only for Health, Welfare, safety, and nothing more or less.
(0)
(0)
SSG Bob Teachout
I was looking at an apt once - I notice there was a lock on the basement door. He said that he could come to get to the basement.. Yea, right - Thanks - but no thanks.
(1)
(0)
I would skip up your CoC and ask the Battalion Commander what he/she thinks of all this.
(0)
(0)
Wow that’s out there. If the quarters are military leased quarters I would think housing can arrange inspections of the buildings. Perhaps CID and the FBI are checking for BHA fraud or other criminal stuff but they need to get a warrant.
(0)
(0)
I am sorry i truly am. I find it unbelievable that a SSG. in the United States Army has never had the chance to attend a health and or receive a health and welfare check. That just totally amazed me.
(0)
(1)
1stSgt Nelson Kerr
I am surprised the a SFC has never heard of the 4th Amendment or the term unlawful search
(1)
(0)
SFC Robert Walton
@ 1stSgt Nelson Kerr @LTC Eugene Kerr a Health and wefare check done correctly has no affect on the 4th Amendment.
(0)
(1)
SSG Dennis Mendoza
SFC, I live off post and this entire matter has been dealt with years ago I truly do not appreciate you saying it that way. Seems like you are insulting my intelligence. Every senior that came here to comment came with good intention; it seems like you came differently. Please it was just a simple question, did you ever happen to think that majority of my career in the US Army I might have been single, and this might have been the first time I might have experienced this. OR maybe I came from another component. Also, I have participated in health and welfare checks either inspecting or when I was junior enlisted getting inspected. Please next time don't comment if you're going to come at me this way.
(1)
(0)
SSG Dennis Mendoza
1stSgt Nelson Kerr - Apparently, he's not up to date what is allowed. Possibly in the in the 80s and 90s was different but now it's a bit different. At times I don't come on here often but today was browsing through my notifications and seen this. It really bothers me when someone insults my intelligence.
(1)
(0)
Your NCO's should be allowed to inspect your housing conditions whether it be on or off post. As a young E-4 I had the displeasure of walking into a fellow E-4's on post living quarters who had gone home on leave. The stench was overwhelming, but not the worst of it. He had left a few kittens to roam freely while he was gone for 2 weeks leave....no food or water, and they were pooping everywhere! It's a NCO's job to make sure our Soldiers aren't living in conditions like this, but the reason why the chain of command should go is som that other Soldiers aren't covering for those who are! And that's all AFTER they make sure your house is worth living in...
(0)
(1)
SSG Michel Smith
Well, maybe I was lied to by my own Chain of Command when I was told that I wasn't allowed to voice my political opinions. Or maybe it was when I was expressly told that if my NCOs in my Chain of Command wanted me to have a relationship they would issue me a wife. I can tell you honestly that while I was married anytime my NCOs wanted to inspect my on post living quarters, or my barracks when I was stationed in Korea, I didn't have a choice. None. And it was always a surprise inspection. No reason because they didn't need any. And I was expected to have it reasonably clean at all times. Maybe it was just a different time, but I only retired in 2015.......
(0)
(0)
SSG Michel Smith
Well, no one was saying I had a choice and I'd bet my retirement check there are plenty more like me being told they don't have a choice. I'm glad it's finally being said and I hope eventually that all will know AS they come into the military, and not like me finding out almost 8 years after I retired. But I already know there are other things the military hasn't started mentioning yet and they should be. I'll begin a new post and mention some.
(0)
(0)
SSG Dennis Mendoza
To my personal experience, I go back all the way to 1998 been in and out of the active-duty component three times/eras and I guess I had good guidance because many NCOs didn't lie to married Soldiers, I came on here to verify what I had been told in the past that I don't have to let anyone into my off post home and don't have to let them into the kids room while the kids are in there. Also, my dogs are not friendly to strangers, so I was concerned for my PSG and PL to get bitten
(0)
(0)
This is the military under Biden. Maybe they want to see if you are a right wing terrorist (conservative). So far they haven’t been too keen on supporting and defending constitutional rights. As others have said, do NOT give them permission or allow them into your home voluntarily and check with JAG sooner than later. If they just want to see if your are adequately housed, tell them you take some pictures for them... if you want to.
(0)
(2)
1stSgt Nelson Kerr
SPC Henry Francis - And since this program stated * damned months ago, it has nothing at all to do with Biden or you r conspiracy theories. What part of Trump being President then is too hard for you to grasp. you lied, or you did not bother to read the OP and made s*** up, Both get a downvote.
(1)
(0)
SPC Henry Francis
1stSgt Nelson Kerr you are doing EXACTLY what you FALSELY claim I have done. Typical hot head NCO.
https://www.nytimes.com/2021/01/18/us/politics/military-capitol-riot-inauguration.html
Published Jan. 18, 2021Updated Jan. 20, 2021
“WASHINGTON — The Pentagon is intensifying efforts to identify and combat white supremacy and other far-right extremism in its ranks as federal investigators seek to determine how many military personnel and veterans joined the violent assault on the Capitol.”
https://www.nytimes.com/2021/01/18/us/politics/military-capitol-riot-inauguration.html
Published Jan. 18, 2021Updated Jan. 20, 2021
“WASHINGTON — The Pentagon is intensifying efforts to identify and combat white supremacy and other far-right extremism in its ranks as federal investigators seek to determine how many military personnel and veterans joined the violent assault on the Capitol.”

Pentagon Accelerates Efforts to Root Out Far-Right Extremism in the Ranks
The nation’s military has a history of downplaying white nationalism and right-wing activism, but the siege of the Capitol has created a new urgency for dealing with them.
(0)
(0)
(0)
(0)
SPC Ronnie Smith
This kind of BS that's killing our f'ing country! We're supposed to be the sheep dogs not the damn sheep! You're letting "them" whomever you may classify "them" to be, divide us. As long this continues the deeper the whole and the greater the divide. Either way, we all lose!
(0)
(0)
Read This Next