Can a 1SG or CO make Soldiers bring in their lease or mortgage documents?

2024-03-15T10:01:48-04:00

They have no specific reason just said legal already reviewed the order and cleared it.

Response by Lt Col Charlie Brown made Mar 15 at 2024 10:03 AM

2024-03-15T10:03:52-04:00

Yes. I occasionally did that and I often did not share the reason with the troop until afterwards.

Response by CSM Chuck Stafford made Mar 15 at 2024 10:04 AM

2024-03-15T10:04:18-04:00

Can they? Yes.

Response by MSG Private RallyPoint Member made Mar 15 at 2024 10:12 AM

2024-03-15T10:12:56-04:00

If Legal cleared it, then it is a legal and valid order. What can possibly be happening is that the Leadership is wanting to verify that their Soldiers living off post are actually living under a roof and not homeless/living out of their vehicle.

Response by 1SG Private RallyPoint Member made Mar 15 at 2024 10:47 AM

2024-03-15T10:47:09-04:00

If you are claiming BAH for that location it makes sense. Trust but verify. Believe it or not, some in our services actually run afoul of our systems

Response by SSgt Christophe Murphy made Mar 15 at 2024 12:47 PM

2024-03-15T12:47:30-04:00

There may be a valid reason why they are asking. There could be a local issue with land lords taking advantage of AD members. Same thing like when you check that your troops aren't paying 20+ % for their vehicle. Another issue is that Servicemembers are trying to live out of their vehicle and fully pocket their full BAH.

Response by COL Jon Thompson made Mar 15 at 2024 4:18 PM

2024-03-15T16:18:33-04:00

I wonder what the purpose is and what they expect to after reviewing them. Can the chain of command make a Soldier move? Can they make a Soldier break a lease? Seems like some overreach with minimal gains.

Response by SFC Private RallyPoint Member made Mar 15 at 2024 6:02 PM

2024-03-15T18:02:10-04:00

I would go talk to JAG - what's the context with this? Why would they need to go to legal about you bringing in a copy of your lease or mortgage? This is a weird request.

I would never, ever take anyone's word about "I TaLkEd To LegAl." At all.

Response by MSgt Steven Holt, NRP, CCEMT-P made Mar 16 at 2024 4:07 AM

2024-03-16T04:07:39-04:00

Short answer...yes they can.

Response by SGM Private RallyPoint Member made Mar 16 at 2024 9:06 AM

2024-03-16T09:06:19-04:00

Yes, the CO who signs your DA 5960 affirming that is your address is required to base that affirmation off a mortgage or lease with that address.

Response by SGM Erik Marquez made Mar 16 at 2024 4:16 PM

2024-03-16T16:16:11-04:00

Yes, they can as required about 1000 different ways. https://comptroller.defense.gov/Portals/45/documents/fmr/current/07a/07a_26.pdf

07a_26.pdf

Response by SSG Roger Ayscue made Mar 16 at 2024 7:34 PM

2024-03-16T19:34:27-04:00

They certainly can. They will most likely want to ensure that the Soldier is treated fairly in the lease, that the lease has a military clause, and that the lease terms comply with the post housing regulations. We had to do this when a Soldier did not follow directions in his/her orders that said to report to post housing before signing any lease agreement, and to have post housing review leases.
The Soldier may, in fact, have signed a lease that is too expensive for his salary, as was the case with one of my Soldiers. This is why most PCS orders direct the Soldier to go to the Housing Office before they sign anything.
It is done to protect the Soldier, not invade their privacy.

Response by CPT Private RallyPoint Member made Mar 19 at 2024 11:56 AM

2024-03-19T11:56:51-04:00

It more or less comes back to the chain of command is somehow responsible for the financial obligations of naive kids who get themselves intro trouble financially. So as stated by others there are a myriad of different regulations allowing that.

Just look at the pay system. BAH with Dependents??????????

WTF??????????? How is it a kid younger than me by 20 years who is only 1/10th as productive as myself as an intel analyst by default gets paid more because he has a kid??????

It's because a system is in place to ensure minimal financial obligations are met and to include ensuring young service members can take care of offspring. They even break out BAH separately from regular income and it is NOT TAXED INCOME!!!!!!!!!!!! Folks under appreciate that BAH has an economic worth greater that the civilian equivalent income.

Response by CSM Darieus ZaGara made Mar 21 at 2024 8:26 AM

2024-03-21T08:26:17-04:00

Look at it as a sort of health and welfare check as MSG Livingston stated. There must be something they have been told or suspect that they as Command feel obligated to verify for your future health and safety.

If all is well then chalk it up as what it is, they are looking out for their Soldier.

Response by SSG Dave Johnston made Mar 21 at 2024 4:49 PM

2024-03-21T16:49:22-04:00

Yes they can... at least as far as the 'Lease' is concerned.
1: is the soldier residing in a neighborhood that is questionable.
2. is the House/apartment owned/managed by entities the housing office has declared off-limits
3. is the rental property affordable to the servicemember, it used to be, not to exceed 1/3 of base pay
4. does the rental unit meet the minimum requirements for the servicemember, not a sublet.

Response by SFC Chad Kozdra made Mar 21 at 2024 7:16 PM

2024-03-21T19:16:13-04:00

Correct me if i am wrong but i say yes if it to ensure the individual is living within their individual means

Response by 1SG Brian Adams made Mar 21 at 2024 10:06 PM

2024-03-21T22:06:08-04:00

yes...

Response by SGT Donald Croswhite made Mar 22 at 2024 1:59 AM

2024-03-22T01:59:22-04:00

I would send the soldier to Brigade legal.

Response by 1LT Private RallyPoint Member made Mar 22 at 2024 8:54 AM

2024-03-22T08:54:24-04:00

To add context to the possible situation, there are people and businesses out there who prey on unsuspecting or misinformed service members with exploitative mortgages or contracts. Just like the stereotype of a new soldier buying a car at an outstanding rate of interest, similar things can happen with property purchases. As an officer, I would feel personally responsible if my Soldiers were stuck in a bad deal on their house and I never once bothered to review their documents with them, or at the least, ask them about the situation.

For efficiency's sake, I might even issue the blanket order to see all mortgages so I could do a quick sweep for red flags, especially if something came down in a legal brief about all the black-listed businesses and realtors in the area. Instead of taking you away from your job and from the Soldiers, I might just issue the order and review everything, then follow up as necessary.

Response by PO2 Mike Vignapiano made Mar 29 at 2024 11:34 AM

2024-03-29T11:34:15-04:00

Definitely. This is how they can confirm your address and, if you qualify, for BAQ/VHA.

Response by CSM Richard StCyr made Apr 1 at 2024 10:13 AM

2024-04-01T10:13:56-04:00

Yes, we did it to ensure the troops were not in off limits rents. Several trailer parks had been declared off limits due to fleecing the Soldiers.

Response by MAJ Ben Kratz made Apr 5 at 2024 8:20 PM

2024-04-05T20:20:17-04:00

It falls under the health and welfare of their Soldiers, USR, Operational Security, and numerous other command and control requirements they need to maintain that Soldiers will not understand until they step foot in the shoes of leaders in leadership of company command and above but complain about because they feel it is no business of their command to know.