Someone asked this question on a different forum but no one could post any Reg or policy. Best thing is to get with legal office and ask the question.
Found the following:
This is one of the issues that I thought would be an easy answer and turns out to be multifaceted in it’s complexity.
After researching this and conferring with some of my fellow legal professionals, this issue is not directly referenced in any Army regulations that I am aware of. It falls under two main issues: 1) The Soldier’s constitutional right to privacy; and 2) Lawfulness of Orders. I will address each one issues.
1. Every Soldier has a constitutional right to privacy. This includes personal financial data. A government agency cannot arbitrarily look at the financial records of an individual without just cause and most times a court order.
2. Lawfulness of the order to provide your financial data. Your command has to have a reason to ask for the information. The Manual for Courts-Martial (MCM), Paragraph 14c(2)(a)(iv), “Relationship to Military Duty” states in part, “The order must relate to military duty, which includes all activities reasonably necessary to accomplish a military mission, or safeguard or promote the morale, discipline,and usefulness of members of a command and directly connected with the maintenance of good order in the service. The order may not, without such a valid military purpose, interfere with private rights or personal affairs…” Paragraph 14c(2)(a)(v), “Relationship to statutory or constitutional rights” states, “The order must not conflict with the statutory or constitutional rights of the person receiving the order.”
So what does this mean to you the Soldier?
Your command should have a legitimate reason to order a Soldier’s to release their personal finance information. This can be a complaint from a lender to the unit that a Soldier is not paying their bill, a complaint of failure to support family members (AR 608-99) or some other legitimate issue. Failure to pay a financial obligation is punishable under the UCMJ, Article 134, Debt, dishonorably failing to pay.
Failing to pay your debt could result in civilian court proceedings against you that could take you away from your military duties. This alone could meet the “Relationship to Military Duty” requirement. However, the lawfulness of an order is a question of law to be determined by a military judge. (MCM, para 14c(2)(a)(ii))
If the command does have a legitimate reason to ask for your financial information and you do not comply, then the command will make their determination of the issue based on the what ever information/evidence they have. It normally works in the Soldier’s favor to cooperate, even if they are behind on payments. There are agencies that can assist the Soldier in getting their financial house in order.
If the command does not have a legitimate reason, they are probably just trying to make sure the Soldier is on the right track financially. Most units have a trained Financial NCO/Officer that assists Soldiers with financial issues, AER, budgeting, etc. There are also agencies within Army Community Service (ACS) that can help the Soldier. I strongly recommend my Soldiers take advantage of these agencies, even if they appear not to have financial issues. It can only help, but the decision is still up to the Soldier.
This is not a clear cut issue. If you fail to obey an order, you run the risk of being punished under the UCMJ. If it’s your NCO and not your commander/1SG asking for the information, try a compromise that you would be willing to speak with ACS and/or the unit Financial NCO/Officer who is trained in finances.
This is not legal advice on how to respond to a request for your financial information. If you still have questions, speak with an attorney at your local Legal Assistance Office.
“I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”