Here is the short version: Soldier was released from work to go snowboarding. Decided to stay home with pregnant wife and made up an excuse that he was taking the spouse to the doctor when really he was just staying home with her as she is on bed rest. An NCO came to his on post housing and looked through his windows without notifying the Soldier he was there. The NCO then called the Soldier and the Soldier told him he was at the hospital. When confronted about it the Soldier admitted to what he did but raised the concern about a violation of his, his wife's, and his 1 year old sons privacy. 3 weeks later he was counseled the only thing the counseling said was he lied to NCOsand when questioned he admitted. He was also flagged but never counseled for the flag or given a copy of the DA 268 ( removal of favorable action request) the question is. Is this soldiers rights being violated.
It all depends on the actions of the NCO. If the NCO saw the Soldier in his home through a window while pulling up in his car or walking on the sidewalk/standing on the porch in front of the house, then there is no issue. If the NCO walked into the yard, up close to a window, to “search” for the Soldier, then there may be an issue of intruding on the Soldier and his family’s rights. This would be a decision for a judge to make if the case ever got that far.
If this Soldier is a good Soldier, with very little or no other disciplinary issues, then I believe a counseling statement for false official statement (lying to the NCO) is sufficient. He was given the afternoon off to go snowboarding and ended up deciding to spend it with his 1 year old child and his pregnant wife who was on bed rest. I see this as a non-issue.
