What are the Health & Welfare guidelines?

SFC Private RallyPoint Member — Wed, 04 Apr 2018 11:52:46 -0400

I've had to revise my knowledge since coming to my new unit on Health & Welfare inspections. It seems soldiers DO NOT need to be present for the search, it's a unit discretion about their NCOs being present.
My questions are is the command required to give 24 hours (or any time) notice to the soldiers or NCO's prior to a full health & welfare? (This sounds odd to me too but an officer came and asked me so I am looking to verify an answer)
I have looked through FSBP 2020 // AR 420-1 Facilities Management // The ethics information paper published by Chief, Military Law and Ethics Division // and the DoD Manual for Housing Management
However I have found little guidance to directly lay out an Army wide standard of what can be expected for a H&W.
I know now that Commanders with JAGs assistance must direct the inspectors as to what they are looking for and where they can look.
o Soldiers must ALL have the same level of inspection.
o Commanders cannot search POVs that are not in the unit parking area.
o Commanders cannot search off post housing without a civilian police warrant.
o Commanders cannot execute a H&W because they think a soldier has illegal firearms or substances in place of a coordinated police effort for search & seizure.

Any extra help would be greatly appreciated so I know I am advising both my soldiers and leaders correctly.

Response by SPC David Willis made Apr 4 at 2018 12:08 PM

SPC David Willis — Wed, 04 Apr 2018 12:08:57 -0400

I heard a story (so probably not 100% true or even 50%) of a SSG that told his 1sgt to get a warrant before coming to his house off base for a HW. The 1sgt kept saying he didn't need one and he'd be there at 1300. So the SSG is waiting for him and asks to see a warrant and is again told he doesn't need one. The SSG says he's gonna beat the hell out of anyone who steps in his house without a warrant and soon him and his 1sgt are fighting in his front yard. Supposedly nothing happened to the SSG because he was in the right. But I'm guessing what really happened is the 1sgt found out he did need a warrant and never even went to the house to begin with.

Response by SFC Private RallyPoint Member made Apr 4 at 2018 2:34 PM

SFC Private RallyPoint Member — Wed, 04 Apr 2018 14:34:45 -0400

So, one thing I have found is the CDR should have it on the training calendar, and the calendar should be posted. Can the calendar be changed the day prior, yes. So there is your notice.

And as for off-post living, the Commander can revoke that privilege if there Soldier refuses H&W inspection.

Response by SGM Bill Frazer made Apr 5 at 2018 11:33 AM

SGM Bill Frazer — Thu, 05 Apr 2018 11:33:56 -0400

In my day, there was no advanced notice given. If looking for drugs- it had to be drugs/paraphilia, tho weapons did count. As for housing- it had to be MP's, not civilian- a search warrant was required to search for specific items. A general quarters inspection required no notice, no search warrant- two folks for Housing would knock on the door and ask to come in. When you signed for quarters- that was listed on the receipt you signed for the quarters. Remember you are in effect a renter, and they are the Landlord.

Response by SSG Private RallyPoint Member made Feb 3 at 2020 11:16 PM

SSG Private RallyPoint Member — Mon, 03 Feb 2020 23:16:20 -0500

Actually SGM is incorrect, housing is off-limits for inspection as they are owned by civilian contractors. Military owned barracks are fair game to search. This was established by the IG at Fort Drum when they ppl privatized on post housing. And also SFC is also incorrect, the commander cannot revoke off post living. If anyone from the unit tries to inspect you are allowed to politely refuse, if they come on anyway it is considered civilian trespass. Your spouse is also allowed to refuse, as she does not fall under military authority.