Is a Soldier required to show a copy of his/her profile to someone other than chain of command or a doctor?

2017-04-19T16:49:30-04:00

Let's say a Soldier is conducting PT and walking, as per his/her profile. A SNCO stops the Soldier and asks why he/she is walking. When the Soldier says "I have a profile", the SNCO demands to see it. Is that Soldier obligated to show the SNCO a copy of the profile? Does that fall under HIPAA law? The SNCO is not in the Soldier's CoC, and not a medical professional.

Response by LTC Kevin B. made Apr 19 at 2017 6:54 PM

2017-04-19T18:54:38-04:00

I don't see any reason why a soldier would be legally required to show their profile to anyone other than a) their chain of command and/or 2) a doctor with a specific need to know about the profile (but certainly not any provider who asks).

Is there a scenario (or individual) in particular that you have in mind?

Response by SFC Private RallyPoint Member made Apr 19 at 2017 10:35 PM

2017-04-19T22:35:26-04:00

I would say if the Soldier is attending a school that the profile hindered them from doing a certain event. Then it could be requested from the Soldier.

Response by SGT David T. made Apr 20 at 2017 7:50 AM

2017-04-20T07:50:30-04:00

That SNCO needs to mind their own business and worry about their own Soldiers. If the Soldier is doing wrong that is one thing. This is something else entirely.

Response by SSG Dale London made Apr 20 at 2017 8:07 AM

2017-04-20T08:07:59-04:00

I agree that the SNCO is probably out of line demanding to see the soldier's profile. However, context is key. If the NCO in question has authority over the PT session and may reasonably suspect the soldier of malingering he is well within the scope of his authority to demand proof the soldier is excused from obeying his commands. In this case, if the soldier refuses, he risks a charge of disobeying a lawful order -- or other such accusation as the NCO may wish to pursue.
Don't forget that one of the rights you surrender while in service to your country is the right to privacy. A wise NCO will do everything reasonable to grant the "privilege" of privacy to his soldiers but the needs of the unit and the army ALWAYS take precedence over the "rights" of individual soldiers. It has to be this way or nobody would risk life and limb in combat.

Response by Maj Private RallyPoint Member made Apr 20 at 2017 12:27 PM

2017-04-20T12:27:45-04:00

Wow, I would think no. The profile is a HIPPA protected document and is subject to the Privacy Act. If that other SNCO isn't in the soldier's chain of command, they're not entitled to his protected information.

Response by 1SG Private RallyPoint Member made Apr 20 at 2017 4:13 PM

2017-04-20T16:13:32-04:00

Assuming that this is a Soldier and not an NCO, the problem I see is that there is already no Leader involvement. Even those on profile should be conducting organized training, and therefore should have NCO involvement. If there was an NCO leading that Soldier, another Leader wouldn't have to get involved in the first place. But for the question at hand, keeping in line with mutual dignity and respect, as well as HIPAA, instead of demanding the profile, I would have requested the Soldiers unit and Squad Leader/PSG's names if I suspected malingering. Just my opinion, take it for what it is.

Response by 1SG Private RallyPoint Member made Apr 21 at 2017 12:49 PM

2017-04-21T12:49:35-04:00

A Soldier would be well-advised to keep a copy of any current profile on his person.
As for HIPPA, the profile itself contains no medical information, just what activities the Soldier can't participate in.
This situation is easily resolved unless one party or the other is being a tool. Then we need leadership involvement in order to settle things out.
Be professional. It solves a lot.