Army Dopers, help needed. What is the Reg for BAH?

[SSG_Schwartz]

I tried to search for it, and am still looking, but here is the deal:

Company Commander says that he or the 1SG will be spending a day at our Recruiting Station sometime in the near future. Following that visit, he will then proceed to our houses to make sure that we are living up to acceptable standards. The Commander then added that if the NCO refused to allow him or the 1SG into our homes, BAH would be cut off.

I know this is BS on his part, and I have been living in my house for over a year. So I am trying to find the AR that allows home inspection. I know I used to walk through the quarters of my Privates before they signed a lease or moved into the barracks, but I have never heard of an NCO’s house being inspected. So I would appreciate any help.

SSG Schwartz

[Cubsfan]

in the af your house is only inspectabl if you live on base, not off base. Even nco and officer housing is inspectable on base. Never heard of canx someones bah over it tho. Sounds like bs to me

[Lungfish]

God, how I love google. I have found the following quote in this thread on military.com

Off post quarters are not subject to inspection by commanders. They have no authority other than the barracks they are personally signed for. Even if you reside in on post housing, the post commander must authorize a search, as the company, battalion, brigade commander etc. don’t “own” them.

Reference for these regulations will not be found in an AR, but in the manual for courts martial. Military Rule of Evidence 313-315 covers inspections and searches. Even a health and welfare inspection cannot probe into areas that the soldier has a reasonable expectation of privacy, such as wall lockers or drawers. Anything you find in those, unless it was just sitting out with the door open, would be excluded from a courts martial.

As for off post housing, military commanders have no authority to authorize a search or inspection. See military rule of evidence number 315. It states explicitly who may authorize what searches. Competent military authority is limited to authorization of searches of military property. Civilian owned property located off of a military installation requires a civilian search warrant.

Posted Sat 27 December 2008 11:55 AM by LandGuppy

You should talk to an army lawyer.

[SSG_Schwartz]

Thanks, Lungfish, that thread gives me an idea of Regs to search.

SSG Schwartz