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
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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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.
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
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
Authorities that commanders just assume they have have no bearing the reality
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SGT (Join to see)
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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SGT (Join to see)
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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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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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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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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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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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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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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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!
I love giving people choices!
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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.
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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