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?
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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
How did you learn of this inspection. Was it from an official memo, or through second hand sources. Is it possible your command wants to do a “ courtesy” inspection and it’s just being blown out of proportion?
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I’ve read many of the comments and most make sense. Firstly, what are the SOPs, Installation, IMCOM Regulations say about this. One base housing is an IMCOM and Installation Commander responsibility. Offpost, That SOP should cover, what are they looking for, with examples, such ad frayed cords, gang outlets, flammable storage containers, whom is responsible for corrective actions and timelines. Reporting chain and remedies if not corrected. Most of the time, for noncompliance from a landlord, the Installation Housing Officer can place a ban on military rentals. What happens if they find illicit drugs or other forbidden items? This is a can of worms that was not well thought through. Lastly, that Commander had better have a regulation that allows this. Like the one poster said, he owns his own house, better have a warrant.
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1stSgt Nelson Kerr
No regu;lation can allow this since it would contravene the US Constitution and law.
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Hate to burst everyone's bubble. But if you live off post the Army is paying for it too. So a health and welfare can be done. Or you could always give back your baq.
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1stSgt Nelson Kerr
CPL Jason Northedge - You might disagree, but reality, personal and professional experience, law and and regulations agree with me so I feel OK about that
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CPL Jason Northedge
1stSgt Nelson Kerr that might be your personal experience but not law and regulations. I've been to soldiers off post housing before for inspections and confinement. So I can say the same thing.
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1stSgt Nelson Kerr
CPL Jason Northedge -Have you ever been in another persons off post housing without permission? If so you committed a crime.
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1stSgt Nelson Kerr
CPL Jason Northedge - I know the government has no say, it was part of my Job to know, In the USAF 1St Sgt is a JOB TITLE nor rank.
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I had seen a news clip of Military Wife who says that on Post Housing is in poor condition on one of the installations. It is a good idea to let them do an inspection. That way they can make recommendations to Post Command. As for off Post Housing I haven't heard your apartment or house being inspected.
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They have no authority to enter your off post residence without your consent .
JAG may be able to help. Be aware your chain of command may make your life harder because you refused to comply to an inspection. Again JAG would be your best resource . Good luck.
JAG may be able to help. Be aware your chain of command may make your life harder because you refused to comply to an inspection. Again JAG would be your best resource . Good luck.
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This is a very complex issue with many ugly arms. 1st your Chain of command needs to be very careful with the exact wording used when inspecting anything (their JAG rep can proofread stuff, mine use to) While many are right that off post housing is kinda off limits. I assume DOD pays your BAH so that's their reach into your house but with limitations. Your a Noncommissioned Officer so you also have obligations to live up to in support of your chain of command. at the end of the day just make sure you confirm orders and do the common sense thing and always Take Care of Soldiers.
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You have a recourse. Visit the IG and get feedback from them. As mentioned, it might be prudent to let them visit your house, as a guest, but they can remain in the living room and kitchen. There is a lot of emphasis on housing conditions and it could be your commander merely wants to make sure you and your family are safe. Just ensure they understand the bounds of your invitation. Perhaps you could ask them if they are looking for anything in particular.
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They are checking if where you live is livable. This is due to some housing areas, mostly on base, have issues of mold, and other things that might cause people to develop ailments over time.
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Capt Jeff S.
Regardless, they must get permission from you before they inspect your private residence and if you refuse, it should not reflect negatively in any way on your record. It strikes me as odd how Liberals will denigrate Conservatives as if Liberals stood up for the rights of the people and it's just the opposite; they want to take all your rights away -- and people have been so conditioned by the education system and in media that they're okay with that. SMH Liberal Progressivism is a cancer destroying our country.
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SSG Shawn Mcfadden
You're talking about liberals wanting to take everyone's rights away, yet those that are in the "red" States are changing voting laws that make it more difficult to vote.
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If you have nothing to hide, what's the problem?
You'll know when they are coming, fix them something to snack on and take the opportunity to learn and understand the vision of your COC. Get a peek into their life in a off-base atmosphere while using your home as the advantage point.
Thats just my opinion and it worked for me for just under 28yrs.
Good luck, remember that not everyone is out to get you.
You'll know when they are coming, fix them something to snack on and take the opportunity to learn and understand the vision of your COC. Get a peek into their life in a off-base atmosphere while using your home as the advantage point.
Thats just my opinion and it worked for me for just under 28yrs.
Good luck, remember that not everyone is out to get you.
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SSG Ryan Rink
SSG Dennis Mendoza
I honestly believe that it is all in how you as a person respond to it, I had my run ins with the COC and I also seen beyond the immediate actions of them. Each soldier and situation is different, how your subordinates see you react to it could have a long term effect on their careers. It's all about how you want to be seen and followed.
I honestly believe that it is all in how you as a person respond to it, I had my run ins with the COC and I also seen beyond the immediate actions of them. Each soldier and situation is different, how your subordinates see you react to it could have a long term effect on their careers. It's all about how you want to be seen and followed.
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SSG Dennis Mendoza
SSG Ryan Rink yeah i was fine about it, just how they worded initially was that they were going to inspect my off post home and definitely my wife didn't take it as nicely as I did she was like what we keep the house clean even with three dogs. But of course the COC then fixed it and said we're just doing a courtesy visit it's not an inspection. But I was fine with the courtesy visit, just didn't like the wording initially.
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If the off-post housing is government owned they have the right to do health and comfort inspections as if it were on-base housing. At least that was the case when I was still on active duty and I did exactly that when housing issues were brought to my attention.
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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.
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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.
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You may want to check with your local JAG. In ancient times, early 70s, it was allowed, especially during IG inspections.
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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.
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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.
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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
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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.
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1stSgt Nelson Kerr
SSG Dennis Mendoza - Go higher after stopping at the JAGs office, A letter to your congress critter might be necessary.
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1stSgt Nelson Kerr
SSG Dennis Mendoza - one secret is top contract the IG in writing and openly CC your Congress critter.
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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.
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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
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