| |
process it accordingly.
If the resubmitted complaint
contains neither form, or a set incompletely or
insufficiently completed forms, return the creditor’s
correspondence with a cover letter similar to the sample
letter in figure 14-4.
Refer cases of questionable qualifications to a legal
assistance officer or an appointed command
representative for review and opinion.
In such
instances, correspondence to the creditor is tailored
appropriately.
Occasionally, a disgruntled creditor who did not
qualify his or her complaint for referral writes to his or
her Congressman. This leads to a congressional inquiry.
The most important thing to know about a congressional
inquiry is that it must be answered quickly and
courteously and provide sufficiently complete
information to answer the question without violating
anyone’s rights. A congressional inquiry is dealt with
by using a letter similar to the sample letter in figure
14-5.
ADMINISTRATIVE OR DISCIPLINARY
ACTION
Actions discussed here are reserved for aggravated
cases of service members who show no inclination to
settle qualified debts referred to them through their
commands.
Such cases involve members who
continually overextend themselves despite prior
difficulties from, and warnings regarding, living beyond
their means.
Repeated complaints from the same
creditor or multiple complaints from different sources
are the usual indications of these problems.
Administrative Separations
Service members may be separated for misconduct
due to a pattern of misconduct when they exhibit an
established pattern of dishonorable failure to pay just
debts. Processing for misconduct could result in an
other than honorable separation with attendant loss of
service benefits. In each case, the member must have
received prior counseling from an appropriate financial
counselor or, if necessary, full family counseling if it
appears that domestic relations or alcohol abuse might
be, in part, responsible for the indebtedness. He or she
must also be given a reasonable time to show progress
in his or her efforts to become solvent.
Following
counseling, a warning entry is made on page 13 of the
member’s service record.
Disciplinary Action
Article 134, Uniform Code of Military Justice
(UCMJ), includes the offense of dishonorable failure to
pay a just debt that carries a maximum punishment of 6
months’ confinement, forfeiture of all pay and
Dear Sir/Madam:
This is in reply to your letter of (date) concerning the alleged indebtedness of (rate, name).
After a careful review of the contents of your correspondence, it does not appear that you have met the
Full Disclosure test and the Standards of Fairness requirements.
(Specify particulars to the extent
appropriate.) We are not permitted to assist you until the Standards of Fairness have been followed or
until such time as you have obtained a civil judgment in a court of competent jurisdiction which follows
the provisions of the Soldiers’ and Sailors’ Civil Relief Act.
By copy of this letter the Chief of Naval Personnel is being advised of the foregoing.
Sincerely,
Encl: (1) Correspondence in this case
copy to:
CHNAVPERS
Figure 14-4.-Sample letter to creditor who continues to show no evidence of meeting compliance-disclosure requirements.
14-8
|
