Married service members; is it ok to contact the service member's spouse's chain of command?

2015-02-10T20:42:41-05:00

Leaders, I have a tricky one. Have a young Soldier straight out of AIT who recently married another young Soldier from another unit. Apparently the two met during training. My Soldier was displaying some discipline issues and in an attempt to find out what was going on, I contacted his wife's CoC to find out if she was having similar issues. The conversation was informative and her CoC was supportive, but alas, the problems continued. After a few episodes of not coming to work and blatantly ignoring his duties and responsibilities, the young Soldier is facing UCMJ. Earlier this week, word came down of a positive UA for the same Soldier. What is the legality of me contacting her CoC again to inform them of his pos UA?

Response by SFC Vernon McNabb made Feb 10 at 2015 8:57 PM

2015-02-10T20:57:50-05:00

I would suggest you get with your Commander, and have him/her contact the other Commander. This keeps you out of the crosshairs, and keeps information flowing in the right direction.

Response by SSG (ret) William Martin made Feb 10 at 2015 9:07 PM

2015-02-10T21:07:48-05:00

This sounds like a poo poo storm. I would get with your 1SG to get further guidance. I hate to see an SM throw their career down the drain.

Response by CPT Private RallyPoint Member made Feb 10 at 2015 9:09 PM

2015-02-10T21:09:00-05:00

As in to have them give her a UA?

Response by Sgt Aaron Kennedy, MS made Feb 10 at 2015 9:14 PM

2015-02-10T21:14:54-05:00

I was in a dual military household, and it took a little adjusting, but I never skirted the trouble line myself.

Couple questions for you.

Have you checked in with them to see how their settling to Quarters or their new house yet? Introduced yourself to the wife, introduced the "support structure" to them both.

Have you done a 30/60/90 day counseling on your soldier as sort of an "Azimuth check" to let him know what you expect, how things are going, etc?

One of the first things my leadership did after I got married was invite my wife & I to chow (lunch), as sort of an introduction. "Coincidentally" enough hers did as well shortly thereafter. It kind of reinforced "we're all in this together."

Response by MAJ Private RallyPoint Member made Feb 10 at 2015 9:25 PM

2015-02-10T21:25:44-05:00

You have asked what has to be the best question of the week.

As a former Commander, this is dangerous legally. I would get legal involved, and it is not a danger to you as it is them. The danger is you may tie their hands without meaning too. So I recommend legal advise be included in the messaging.

The reason why is you can not target a Soldier with a UA unless the right conditions are met. This gets tricky in the relm of UCMJ and you need a dancing partner. A JAG is what you need to lead the dance otherwise you risk both possible cases... possibly. Legal you got to love how tricking that stuff can be. Local JAGs will know the climate and have an investment in your success as you are supporting the command.

Response by 1SG Private RallyPoint Member made Feb 10 at 2015 9:38 PM

2015-02-10T21:38:13-05:00

YOU CAN'T DO IT!!!

This violates the Soldier's privacy rights as well as Federal HIPPA law.
Being that it is very likely he gets wind of the fact his information went public, he would have quite a bit of legal recourse.

Having said that, it is very likely his wife is wrapped up in the same behavior. A compromise suggestion:
When you next counsel the Soldier, give him an opportunity to seek treatment AND intervene on behalf of his wife. If she were to go to treatment voluntarily, you could get a win-win and possibly retain both Soldiers.

It might not work, but it is worth a shot.

Response by SSG Trevor S. made Feb 10 at 2015 9:47 PM

2015-02-10T21:47:26-05:00

Article 15 results are posted to unit information boards. At the very least you could have a non-related chat with her 1SG while giving the 1SG a tour of the unit areas and point out the unit information board.

Response by MSG Scott McBride made Feb 10 at 2015 9:58 PM

2015-02-10T21:58:30-05:00

Hey brother, that is a good one to be sure. You have a lot of power as a PSG, but you don't have that power. 1SG Healy is correct; don't do it. Not knowing all of the details, you have a challenge on your ends but not impossible to fix. You can't disclose a hot UA, his wife will find out anyway...but your command team can discuss issues with her command team and see what may be causing these issues. I know you have received great advice already but this is just my 2 cents...good luck brother.

Response by SFC Private RallyPoint Member made Feb 11 at 2015 6:24 PM

2015-02-11T18:24:14-05:00

From the OP, it never stated that if the spouse was having any problem or not. Regardless, one shouldn't automatically assume or suspect that the spouse would have similar problem. For example, if a Soldier was having financial problem, it doesn't mean that his/her spouse constantly made bad financial decisions also.

I don't think it is wise to share such sensitive information freely. Like another poster said, there is HIPPA to protect one's privacy of health related information. Moreover, why would you WANT to share such information with another CoC anyway? Would you post an ad on the newspaper of all your company's Article 15?

Response by MSgt Private RallyPoint Member made May 9 at 2016 9:17 PM

2016-05-09T21:17:51-04:00

My $.02. I would contact the Base Legal Office and your unit 1st Sgt before reaching out to the spouse's unit. This should protect you from any blow back of inadvertently divulging information you shouldn't have.

Better safe than sorry.