Quantcast Sample Letter to Answer Congressional Inquiry - 14135_383

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Administrative or Disciplinary Action
Legalman 1 & C - Navy Lawyer / Jag training guide manuals
Summary - 14135_384
My  dear  (Congressman/Congresswoman): This is in reply to your letter of (date) concerning the alleged indebtedness of (rate, name), United States Navy. Navy personnel are well indoctrinated in the Department of the Navy’s policy of expecting all members of the naval service to discharge their acknowledged debts and just obligations. The Department desires to cooperate and be of assistance to persons who are experiencing difficulty in collecting from naval personnel acknowledged personal debts. There is no legal authority to exercise control or direction over Federal  pay  in  matters  of  personal  indebtedness.    Cooperation is restricted to bringing the matter of delinquency in indebtedness to the attention of the member concerned, with the request that they communicate with the creditor regarding their intentions in the matter. Department of Defense directives require that as a condition precedent to forwarding complaints of indebtedness to a service member the enclosed forms must be completed and the Standards of Fairness complied with. Your constituent should be advised to send the forms to the Commanding Officer, (fill in). Sincerely yours, Encl: (1) Standards of Fairness and forms for a Statement of Full Disclosure and a Certificate of Compliance Figure  14-5.-Sample  letter  to  answer  congressional  inquiry. allowances,  and  a  bad-conduct  discharge. Deceit, function on a command scale. Although you are not a willful  evasion,  false  promise,  or  other  circumstances showing  deliberate  nonpayment  or  gross  indifference must be proved to establish the offense. Nonjudicial punishment or court-martial action may be initiated under  Article  134,  UCMJ,  at  the  discretion  of  the command. Remember,  however,  that  disciplinary action is never an appropriate vehicle for assisting creditors   in   the   collection   of   debts.   Moreover, disciplinary action not resulting in discharge is likely to produce financial hardship in the form of reduction or forfeiture, an end not likely to rehabilitate the debtor. Accordingly, it must be decided in each case whether administrative  actions,  rather  than  disciplinary measures, may offer better solutions to aggravated indebtedness  situations. CUSTOMER  SERVICE Earlier in this chapter we discussed that the primary purpose  of  the  Naval  Legal  Service  Command  and  its subordinate offices is to provide necessary legal services to  commands  and  personnel  in  specified  geographical areas. It is possible that you maybe supervising one of the legal offices that is tasked with providing those legal services to Navy commands and their personnel in your area. This is nothing more than a customer service lawyer, many customers will look to you as the senior LN  for  the  legal  advice  and  service  they  require. Therefore, it is essential that you establish a well-run liaison with those commands. Although  each  command  that  you  service  will  have similar, and often the same, legal problems that need attention, the problems and the urgency with which they are attended could vary greatly depending on the size of the command and its primary mission. For instance, a ship  about  to  get  underway  would  need  court-martial services done much more quickly than a naval station whose accused and other interested parties are stationed ashore and will be readily available for some time to come. As the office supervisor, you should recognize the  differences  in  the  needs  of  the  commands  you service and assign your personnel accordingly. Coordination  between  your  office  and  the commands you service will run more smoothly if you establish reliable contacts at each command. Although the point of contact will usually be the person who handles the command’s legal work, that person may be junior to most of the people he or she may be dealing with in the command. Therefore, you may need to develop a point of contact with a more senior person who has the power to make sure things you need the command to do 14-9

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