Does my Soldier have to show his temporary profile to me as his supervisor? If not, is there a regulation governing that?

SFC Private RallyPoint Member — Fri, 09 Jun 2017 09:43:20 -0400

Response by SSG Private RallyPoint Member made Jun 9 at 2017 9:52 AM

SSG Private RallyPoint Member — Fri, 09 Jun 2017 09:52:20 -0400

I was had the understanding that a soldier had to carry a copy on his person at all times and be ready to present it when needed. I know I was a squad leader for a WTU at Ft. Hood and all 16 of my soldiers had to carry theirs.

Response by MSG Private RallyPoint Member made Jun 9 at 2017 10:22 AM

MSG Private RallyPoint Member — Fri, 09 Jun 2017 10:22:39 -0400

I would certainly want to see it, to ensure the Soldier and everyone else is understanding the profile and not violate it.

Response by SGM Erik Marquez made Jun 9 at 2017 10:46 AM

SGM Erik Marquez — Fri, 09 Jun 2017 10:46:57 -0400

I think you will find a barracks lawyer that says no, and a Jag lawyer says it depends.
If there is a need, based on a physical activity required for that is otherwise restricted and the person asking has a direct supervisory position, then yes, and Id bet a JAG lawyer will support it. Though I've never had the issue so never had to ask.

But remember I bet the JAG answer will depend on how the question is asked.
PSG to SM ...Sm back from sickcall,,, "Let me see your profile" Id bet the strict answer is not required. though I've asked that question about a million times and never had an issue.
PSG to SM after sickcall... "go to the MP and help the crew bust track" "PSG, I cant it violates my profile I got this morning:' "Ok, let me see it please " Now Id bet the JAG answer is Yes, supportable and legal"
AR 40-501 may have more specific info
http://www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/AR40-501_WEB_Final.pdf

AR40-501_WEB_Final.pdf

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Response by CPT Mark Gonzalez made Jun 9 at 2017 11:01 AM

CPT Mark Gonzalez — Fri, 09 Jun 2017 11:01:30 -0400

While in command and having frank discussions with my lawyer I was amazed at what Soldiers could get away with. If you asked in good faith, and the Soldier fails to comply I would elevate it. However, there is a need to know element and individuals have a lot of protections they do not realize. As an example you do not have to cooperate with and investigation. You can stall, no show, and annoy the investigating officer for quite some time. I wouldn't recommend it though. However, the commander can put a stop to it and give you an order and if you fail to show for that he can get you for violating his lawful order. The UCMJ has a lot of nuances, and the commander had trial counsel to advise of what the left and right limits are.

Response by SGT Dave Tracy made Jun 9 at 2017 11:39 AM

SGT Dave Tracy — Fri, 09 Jun 2017 11:39:22 -0400

If acting in the scope of your duties, if you were to say "let me see a copy of your profile", could that not be construed as a lawful order?

Response by SFC Kelly Fuerhoff made Jun 9 at 2017 3:34 PM

SFC Kelly Fuerhoff — Fri, 09 Jun 2017 15:34:27 -0400

I don't understand why a soldier wouldn't show their profile. You get that profile for a reason - so if you didn't show it to your supervisor or anyone how are they supposed to know what limitations you have for your injury or illness? I have never met a soldier yet reluctant to show me or any other NCO a profile.

Response by SPC Private RallyPoint Member made Jun 9 at 2017 10:49 PM

SPC Private RallyPoint Member — Fri, 09 Jun 2017 22:49:44 -0400

Yea under the HIPAA law that soldier does not have to show you his profile even if you are his team leader/squad leader/ply sgt or plt ldr. Yea he does have to carry it on themselves at all times but the only ones who can truly ask to see it and not break any rules under HIPPA is the Company C.O. and Company 1SG

Response by SSgt Private RallyPoint Member made Jun 10 at 2017 2:08 AM

SSgt Private RallyPoint Member — Sat, 10 Jun 2017 02:08:25 -0400

I had a Marine get in a decently heated argument over this same subject. What it ended up as is that as a supervisor you are authorized to be informed of the limitations and duration placed on the Service Member. Only the Commanding Officer has perview to the diagnosis and treatment plan and even then there are limitations as to why they are told and only by the medical officer.

In our case our compromise was a signed redacted copy for his training jacket.

Response by COL Charles Williams made Jun 10 at 2017 2:52 AM

COL Charles Williams — Sat, 10 Jun 2017 02:52:52 -0400

Yes