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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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
>1 y
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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SFC Steven Barry
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Tell them to go to hell. They don't have the authority. Off post housing cannot be "inspected" by the chain of command without your expressed assent.
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SPC Donald Donovan
SPC Donald Donovan
>1 y
I would consult a jag officer without delay, off post civilian housing is not within the jurisdiction of the United States military. Be prepared for some pushback by some overzealous NCO or officer in charge of this “project“.I don’t know what they’re telling you, but I know what they’re trying to feed you. Just sayin.
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SFC Dwight Beaver
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Since the military has been getting negative news because of deaths at certain installations maybe this their way of showing the country they're trying to take care of their troops. However of the 22 years i spent in the Army i jever saw nor heard of anything like this happening. Thats why military move off post in the first place. To get away from it
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SSG Dennis Mendoza
SSG Dennis Mendoza
>1 y
You're right about that SFC but in this matter they showed up to the pff post homes and pretty much worded as thank you for inviting us in to your home. My wife was not happy but she was working and my kids didn't want to see them. Only my PLT SGT and PLT Leader came by. From what they're said was to get to know us better but to be honest they still don't know their subordinates better.
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SFC Chuck Martinez
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I never heard of such thing but they can inspect only on post housing but off base housing is off limits. I never heard of such a thing!
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Sgt Mel Ligon
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If you live in base housing that's off the main installation, they can in fact check your place. BUT if you are living in a privately owned location that is owned by a private entity, then they have to be invited by you. Your command has no control over non government property.
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SSG Dennis Mendoza
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So my wife brought up a good point, why is the chain of command coming to subordinates homes when this pandemic is going on.
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MAJ Ronnie Reams
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Be good question for a lawyer. I can see that they might be able to inspect quarters both on and off if you are using guvment funds (BAH) to rent the qtrs. It might be said that the Guvment is the tenant. If paying with your own funds, NO. If there are still some guvment owned houses on post then yes, they can.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
4 y
If the spouse or anyone else put even a penny into the household budget that argument would fall through
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PO1 Robert Closson
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The only time my command ever inspected my off base housing was in Philippines and it was before I moved in to make sure it was not some dive or a fake address. This was so I could collect BHA and BAQ allowance in my paycheck. By order of comnavstaphil. After that no other inspections were allowed. I would first take this issue to the command Master Sergeant then to legal follow your chain of command
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CDR Jerry Wells
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Edited 3 y ago
On base, yes, it is government housing but it can not be unannounced and it must be arranged with you through coordination. Off base, no, only with your permission and only if you want them in your house. You have a constitutional right to personal privacy and the government does not have the right to intrude, yet!
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SSG Retired
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Tell your commander that the only way he can enter your home is if he has a court order signed by a civilian judge and is escorted by the local sheriff's office.
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A1C Pamela G Russell
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Whaaattt? This must be something just

new? Never heard of such a thing, except in civilian law.
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