Can my CoC request a legal document of my residence where I'm staying off post?

2019-03-09T17:59:55-05:00

Basically, I got a counseling and it says I need to show a legal document showing my residence/proof of staying with someone. It's really weird... I'm staying with a fellow soldier, I'm married, he's married. He owns the house, I pay rent monthly. No issues. They want it notarized as well.

Some weird reason is they think I'm living randomly. I already feel as the army wants to get involved in every situation you have, marriage, housing, finances etc. But is this even legal?

Response by MSG Private RallyPoint Member made Mar 9 at 2019 6:50 PM

2019-03-09T18:50:53-05:00

Well, I would certainly think your unit is wanting to ensure you aren't randomly living in different places so as to be baseline homeless....not to mention the fact that they need a solid/permanent residence in case of emergencies/know where to reach you. They want/need to ensure that you are not breaking any rules nor getting hosed in any way. Just provide the documents. And yes, the Army can delve into any aspect of your life the Army wishes to. Just one of the "perks" we get for raising our hand and signing that line.

Response by SSG Private RallyPoint Member made Mar 9 at 2019 8:33 PM

2019-03-09T20:33:31-05:00

They have every right to do “wellness checks”. There have been several cases that I’ve seen and heard of with Soldiers living in filth or children are being neglected, which in turn their performance at work suffered for many different reasons. I’d say that this is someone just trying to be sure that the welfare of their Soldier is good. I’ve had to do a few of these myself and have been in the situation of looking for a Soldiers correct HOR when they went AWOL. I know that it can seem a bit much but they wouldn’t be asking if something hasn’t happened before.

Response by LTC Jason Mackay made Mar 9 at 2019 8:48 PM

2019-03-09T20:48:37-05:00

You need it for BAH verification

Response by SGM Private RallyPoint Member made Mar 9 at 2019 9:24 PM

2019-03-09T21:24:48-05:00

Yes. Your commander signs a DA 5960 verifying the address where you reside and pay rent or mortgage.
Your commander is required to verify documented proof of that residence prior to signing the DA 5960.
Then both that DA 5960 and mortgage signature page or rental agreement go in your iPERMS.
Because both of those documents are required to be in your iPERMS for the Army to verify that you are entitled to BAH.
If you have a spouse and/or kids, the marriage cert and/or birth certs have to be in your iPERMS for the Army to verify that you are entitled to BAH with dependents rate.

When you change your residence, you do the DA 5960 and mortgage or rental agreement all over again. Every time.

Or you don't get BAH, and you could get your BAH collected in a AAA audit.

In addition to that counseling stating something about following a direct or lawful order, it should have also explained everything above.

Response by 1SG Private RallyPoint Member made Mar 9 at 2019 9:29 PM

2019-03-09T21:29:11-05:00

A copy of your lease, notarized as directed, isnt unreasonable, and within the scope of the commanders responsibility and authority.
Not a big deal.

Response by SSG Robert Perrotto made Mar 10 at 2019 5:05 AM

2019-03-10T05:05:11-04:00

The simple answer is yes, command has the authority to request legal documentation of residence, can inspect your off post home (24 hour notice), can inspect living conditions and a host of other things. Instead of looking at this in a negative light, you can try to understand that 1. they want to ensure your well being, 2. they want to ensure that you are not being taken advantage of. They are taking an active role in your life in order to protect you.

Response by SPC Private RallyPoint Member made Mar 12 at 2019 5:34 PM

2019-03-12T17:34:40-04:00

Thank you guys for the comments, I understand my wording my have been off. I’ve been married 4yrs so far I understand the documents and I do rx bah.