Posted on Sep 24, 2020
SSG Dennis Mendoza
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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.
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SGT Ed Walden
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No, and you don't have to let them.

But keep in mind that, although we want to believe that our CoC is too professional to do so, they can decide to make your daily duty life "Uncomfortable".
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SSgt Christophe Murphy
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I was stationed at Marine Barracks Washington DC from 2001-2003. This was before the current annex was built and many Marines were allowed to live out in town after their first year at the Barracks. Some of the Platoons were tasked with doing courtesy visits of those who just recently moved out. It was to ensure that they had adequate conditions and weren't sleeping on the floor with a poncho liner. It was specifically for the unmarried guys who were just forced to move due to limited space. My platoon didn't do this but a roommate of mine was and our place was checked out. Our circumstances were a little different than what you are describing. Our scenario was directly related to guys drawing BAH for being in DC and living in their cars to pocket the money or living in a studio apartment with no furniture to save money. It wasn't a power trip but I have seen Commands try the heavy handed stuff in the past and it go poorly.
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SSG Paul Headlee
SSG Paul Headlee
5 y
SSgt Christophe Murphy Correct implementation will be key. I can just see a bunch of untrained yahoos saying improper things, doing improper things... Its got the potential for serious liability.
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COL Health Services Plans, Ops, Intelligence, Security,Training
COL (Join to see)
>1 y
SSG Paul Headlee - When I arrived in Germany in 1989, there were no quarters available. Since my unit was at gunnery, they directed that I store my gear in my office (90 sqft) and join the unit. When I returned, they still had no quarters and a 3 month waiting list. So, I lived in my office, slept at or on my Army grey steel desk, showered at the gym and slowly went nuts. After 4 months, I found housing, my family arrived and I moved off base. But the damage was done. I had no confidence in my chain of command on personnel matters and trusted them less when it came to leadership. This was my first and last time experiencing what living in a cell was like.
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SSgt Forensic Meteorological Consultant
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3 y
Woe brother what a terrible trial. I understand your situation. T keep me and my cat safe I used Walmart Parking lots. I would park in garages with most managers ok. Oh and my cat was always safe from heat and cold.
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SSgt Forensic Meteorological Consultant
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Daytime I hung out at DD. I got food and so foth. It is hard and it was, Complaining is Counter-intuitive. Duke Hospital as well.
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SGT Jon Goldsberry
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OK. This happened to me in Germany in the early 80's. Any self respecting commander would do what mine did at the time. He came to my door, glanced inside and left. It was that simple. He knew he was intruding but was required by higher command to do so. It was required at that time (only once) because some soldiers were living in very poor conditions due to bad landlords. It was winter, and if memory serves, either a soldier or family member got frostbite in their home because the landlord kept turning off the heat. The command wanted to ensure the health and safety of all soldiers in what we called "living on the economy ". I personally had no problem with it since I knew my place was well above any standard post housing at the time. I was surprised he didn't want to cone in. We moved to that apartment because of a bad landlord. He controlled the heat, but not so bad as to get frostbite. He would come in the apartment any time he felt like it. He also turned the chimes on our grandmother clock off and we thought it was broken. (Luckily the repairman didn't charge us to move the lever back! Lol) He was also strongly suggesting we get stuff from the commissary for him. He had shelves of American food from previous renters. We finally complained and were authorized to move closer to post on the government dime.
Short story long, if they are wanting to do this, there probably has been an incident, especially since its winter, to make the command want to ensure others are not in the same boat. I am hopeful they arent there to do a full blown inspection. That is a line not to be crossed. But command has the responsibility to ensure the health and safety of ALL soldiers in their command, no matter where they live. But like a previous poster stated, check with JAG. Also, if you have concerns about how your landlord is treating you, the visit is a perfect chance to air your concerns. A letter from the Army goes a long way to get bad landlords to behave correctly.
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CSM Darieus ZaGara
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This is likely related to health and welfare concerns based on this protracted nationa emergency. They are looking at quarters to ensure you are all healthy and living a healthy life. You can refuse entry, they do have other recourse to check on your health and welfare. If you live in a clean and healthy environment you should not be averse to a quick walk through and hello. I have had this happen to me and done this in many units based on circumstances to individuals or groups. Sometimes people are not even aware that they live in unhealthy conditions based on how they were raised. These visits can be eye openers for all involved. Again, it is for your health and welfare. I would add that whomever you allow should at the very least be someone you and your spouse are comfortable with. As for kids and dogs, they can be moved to other areas? Just one mans opinion.
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SPC Rich Jackson
SPC Rich Jackson
4 y
SPC Rich Jackson - I know it's probably tacky to self reply, but i ended up back on this thread to read new comments.

I just wanted to add that while the CSM was at my apartment, I don't think he was more than an arms length away from the front door at any given point in time. Of course, my appt wasn't really all that big, but this thread made me realize how comical it really was.

But hey, he seemed happy with what he saw, I got some CSM face time about some things going on in the company and I ended up with a coin that trumped just about every coin I saw while in country. lol
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CSM Darieus ZaGara
CSM Darieus ZaGara
4 y
Glad to hear the experience played out well. As for the CSMs positioning, he can see and smell all he needs once in the door. He obviously felt no need to go further. SPC Rich Jackson
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CDR Joel Paine
CDR Joel Paine
4 y
“If you’ve got nothing to hide there should be reason for you to refuse a search of your stuff.”

That’s essentially what you just said, CSM, and it’s bad advice.

Even in the military, we have rights and they shouldn’t be surrendered to the government but rather the government must provide a legal reason to supersede your rights.

In this case, there appears to be a reason, but it’s not a legally enforceable one, thus the member’s right to decline the offer.
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CSM Darieus ZaGara
CSM Darieus ZaGara
4 y
You are most certainly welcome to your opinion Sir. I can site many examples where home inspections saved lives, marriages and careers. I am pretty sure I said he could refuse. I respect your opinion. CDR Joel Paine
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SGT It
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I would do 2 things, I would ask to see the regs that allow them to do this, I would also attempt to find those regs. If it just is a command policy I would talk to an individual that works in JAG and get their advice.

This sounds really shady to me. I work at the brigade level and I hate to see people ask for regs but its effective. They might give you the regular it's in, then you ctrl-F it.
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SSG Dennis Mendoza
SSG Dennis Mendoza
>1 y
Yeah this already happened I did research the right I was just wondering if anybody's ever experienced this. So apparently because a 3rd Corps they're trying to persuade us to do this to call our subordinates parents, friends, and next to kin. Also a leaders book that has some content that are a bit personal and my CSM's answer was well they joined the Army when my former platoon sergeant told him that some soldiers didn't want us to call they family.
Apparently all this because of what's going on with all the deaths in fort Hood/3rd Corps.
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Brad Miller
Brad Miller
4 y
Maybe I'm just paranoid, but I grew up in a 3rd World military dictatorship. I see this desperate search for "white supremacy extremists", hear that the WH intends to hire civilians to monitor social media, then this inspection comes up ... my Sorry sense is going off at about 200 decibels.
You guys are sworn to protect the Constitution, doesn't mean you aren't still protected by it.
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COL Health Services Plans, Ops, Intelligence, Security,Training
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3 y
SSG Dennis Mendoza - As an NCO, I kept a leader book with all of my trooper's info (DOB, Blood type, Spouse's info, Children's info, address, etc.) I would call the trooper for alerts and phone tree checks but never the spouse or family. I will ensure the trooper had personal time for birthdays and if I remembered, I sent a card. I also met with the trooper once a week to discuss family, friends, social life, etc. to ensure there wasn't something up. The knee jerk reaction related to suicide only causes more stress. The deaths are most likely tied to the social changes that are impacting the military. In my day, there were only 2 genders and I didn't care who you were sleeping with. All that mattered was that you could perform your soldiers skills and MOS skills while staying out of trouble.
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SFC Ralph E Kelley
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PO1 John Johnson
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Edited >1 y ago
My guess is: If you live on base in Govt. Housing they can inspect because the totality (house and land property) of the property belongs to the Govt., if you live off base but still in Govt. Housing they can inspect, and if you live off base in private housing that is not "leased" by the Govt. they CANNOT inspect.

Keep in mind that "inspect" means to determine that their property is functioning as it should be and becoming a safety hazard, and not a "white glove" inspection because the Admiral or General is coming.

I lived off base in Govt. Quarters in '96-'99, and Base Housing Personnel made annual walk through inspections to see if everything worked properly, nothing major was broken, etc.
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SGT Randall Smith
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In 1970 I was living in a duplex in Killeen, Texas been out of the Army for a year. Had gas heat which I was afraid to leave on at night. Too many cases of house fires because of the gas fires. Next door in a 2 bedroom house lived a E-6 Staff Sgt. They had 3 small kids. His rent was $135.00 a month and he made aprox. $450.00 a month. The kids would come to my place sometimes for a sandwich or to get warm. They were covered with bug bites and always hungry. The inside of the house was a pig sty. They needed to be inspected and the landlord fined. GI's from Ft. Hood were screwed every time they turned around.
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SFC Herbert Taitingfong
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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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TSgt Zachary Weaver
TSgt Zachary Weaver
4 y
No, that's what the BAH questionnaire is for. They have no legal right to enter on or off post housing. Civilians live there, too, and have all the rights guaranteed by the Constitution. His CoC needs a warrant to enter without permission. It's not the barracks or a dorm room. The DoD made the decision to privatize housing, so they don't even own the homes anymore.
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SFC Steven Borders
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In all my time on active duty I have never had my chain of command do an inspection of my on post housing. It just seems odd to inspect a families house hold unless something was suspected. It's different for Barracks inspections. I know they can do it for on post housing, not sure about off post. Because that is not run by the military.
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1SG Healthcare Specialist (Combat Medic)
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SSG, my recommendation is talk to JAG. JAG knows the laws and regulations, if your rights are being violated. We still have rights even though we serve and I think the 4th amendment applies. As a 1SG I made health and welfare visits but I didn't enter the home unless invited and didn't inspect like a barracks. It was is the house in good repair and do you have what you need to live. But it is about "intent" talk to JAG. That's my recommendation
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MSG Thomas Currie
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As other barracks lawyers have pointed out, no you do not have to let your command inspect your off-post housing.
What these barracks lawyers didn't mention (at least in any of the responses I read) is that your chain of command has the authority to revoke your permission to live off post if they have any reason to believe your living conditions are unsuitable.
This is the kind of question I would have expected from a private or a wise-ass SP4, not from an NCO. Clearly you either don't give a damn about the soldiers you are supposed to be responsible for, or you think that they should have to put up with standards but you should be exempt. Either way, I am not impressed.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
4 y
MSG Thomas Currie - No regulation or law give you commander that authority. You can not cite a regulation or law that allows a commander to search private property off base. without that regulation or law the 4th Amendment is binding on all.
Authorities that commanders just assume they have have no bearing the reality
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SGT Vehicle Commander
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MSG Thomas Currie you made it to E-8? Sure glad you wasn't in my CoC or NCO Support Channel. Only idiot I see here is you thinking you, or anyone else has the right to enter my private residence off post. The 1SG is right here, which is why he is a 1SG and you just a MSG. On Post/Barracks fair game. Off post not so much and if you tried I would've had you arrested for breaking and entering. You're what's wrong with the leadership in today's military.
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MSG Thomas Currie
MSG Thomas Currie
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Yes, I made it to E8 and you bombed out at E5.
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SGT Vehicle Commander
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MSG Thomas Currie Actually, I was medically retired from a lung disease I acquired in Afghanistan. But good job continuing to show just how horrible of a leader you truly are. You and others like you are why retention standards are dropping. And troops don't trust their leadership. All y'all care about is looking good for the brass, and if that means fucking over the ones you're suppose to take care of then so be it. You were probably a POG anyway.
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SPC Tristan Myhre
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I bought a house that is now rented out to another soldier, actually its on its fourth tenant now on LA28 north of Fort Polk. I've periodically had CoC emailing me with questions of lease responsibilities and whatnot but in all its not really up to them, I got some heat about the lawn and this and that but its the responsibility of the tenant and has nothing to do with the Military. Lets say they want to extend their inspection to welfare right? They can see the lease, including any documents for abatement like lead and asbestos. They could get water test reports if they wanted from the municipality, thats what they CAN do. But as the soldier, your not obligated at all to share your time and space with CoC on private property anywhere in the United States, in fact this has been to court. There is no such thing as a welfare check on private property and it needs to be executed much differently to keep unit commands from getting in unnecessary grievances with their soldiers.
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LCpl Jeff Moore
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To cya i suggest you go to base legal and get their official view on this inspection. As a official opinion from JAG will have more backing then rally point legal
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SSG Mechanical Asi
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Just tell your CoC that your civilian spouse don't want them there. Your CoC has no authority over your spouse if he/she is a civilian. If you're staying in on-post housing, technically its the Garrison Commander's authority and jurisdiction. They are like the Mayor of the installation, so they do have authority and responsibility to upkeep it. However, when comes to off-post they have no authority.
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SGT Lawrence Morris
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i’m retired military last I remember these are the rules ,anything that physically belongs to the military , they can look at within reason, anything that is physically off posts that the military has no control over, now they can’t request or someone makes a report but then The civilian authorities get involved
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MAJ Jeffrey Johnson
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I did this as a company commander at Ft Lewis from 1982 - 1984. I was able to assist my soldiers and their families to get necessary repairs; get out of leases; and even waive deposits as the landlords got to know me. My wife usually came along as did one of the NCO s and his wife. And, yes, it was at our soldier's invitation. But, it was with the expectation that I was there to help. Sometimes we even had follow on visits from JAG Admin Law.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
4 y
With a invitation it is a good policy, without one it is pure BS.
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Maj Dale Smith
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This falls under the 4th Amendment to the Constitution and your right to be secure within your own home. The SFC at the top of this post nailed it. You may invite your CO or 1SGT into your home, but they have no right to enter your non-government quarters without a warrent.
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SSG Bob Teachout
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I had a CSM who suggested an interesting policy. As has been stated that someone in the CoC cannot demand to inspect off-post quarters. BUT, the CoC can schedule a TA-50/II inspection. When that happens - give the off post personel the option of lugging all their TA-50/II on to post - up to the 3rd floor (designated area for off-post personnel) or if you prefer, your CoC will come to your house for the inspection - which would be a bit less informal.
I love giving people choices!
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CPT Signal Officer
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Wow, who up the food chain decided that just because you signed a contract and live off post that your 4th doesn't count? This sounds like a call to Army Times is in order...
Tell your 1SG to "pound sand". Then go visit JAG and ask them to clarify this to the chain of command at your post.
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