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Figure 2-1.—Phases of a proper interview
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Personnelman 1 & C - Military manual for government personnel administration
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Medical Board
to  objectively  evaluate  his  or  her  decisions  concerning future actions. INDIVIDUAL PROBLEMS.—  The member may have  pressures  of  one  kind  or  another.  He  or  she  may have  a  friend  or  family  member  who  is  presenting personal difficulties. The member may have the feeling of   being   pushed   around,   or   maybe   has   been misunderstood  or  been  misled.  You  should  find  out about  these  problems  during  the  conversation.  No matter what the member says, never argue, criticize, look  impatient,  or  do  anything  to  breakdown  the  feeling of friendliness and sincere interest. Give the individual plenty  of  chance  to  “blow  off  steam.” FACTUAL  INFORMATION.—  You  should provide the member with factual information to help in the counseling session. PHASES OF THE INTERVIEW To  help  you  conduct  proper  interviews,  figure  2-1 shows you various phases that will help you. Follow these  phases  whenever  possible. Refer  to  the  Career   Information   Program Mangement,   NAVEDTRA   10238-A,   for   additional information  concerning  counseling  or  interviewing techniques. FINANCIAL  RESPONSIBILITY Members  of  the  naval  service  are  expected  to  pay their just financial obligations in a proper and timely manner.  A  just  financial  obligation  means  one acknowledged  by  the  military  member  in  which  there  is no reasonable dispute as to the facts or the law, or one reduced to judgment that conforms to the Soldiers and Sailors’ Civil Relief Act, 50 U. S. C., Appendix 501, et seq., if applicable. In a proper and timely manner means in a manner that does not reflect discredit on the naval service. The Navy is without legal authority to require a member to pay a private debt or to deduct any part of his or her pay to reimburse a creditor even though the indebtedness  has  been  reduced  to  judgment  by  a  civil court,  unless  the  member’s  pay  has  been  garnished under 42 U.S.C. 659. The enforcement of the private obligations of a service member is a matter for the civil authorities. A commanding officer (CO) is without authority to adjudicate  claims  or  to  arbitrate  controversies  on asserted  default  in  fulfillment  of  private  obligations  of naval members, or to act as an agent or collector for the creditor, claimant, or complaint involved. The Soldiers’ and  Sailors’  Civil  Relief  Act,  as  amended,  provides  for certain privileges and benefits for members of the naval service. A member of the naval service is not by virtue of his or her military status relieved from continuing obligation to obey pertinent civil laws or to comply with the terms of applicable civil court orders, decrees, or judgments. DEPARTMENT OF THE NAVY’S POLICY The policy of the Department of the Navy is to promote habits of thrift and to encourage all members of the naval service to conduct their financial affairs in such a manner as to reflect credit on the naval service. From start to final settlement, the responsibility for an obligation rests solely with the creditor and the debtor. The extent to which COs may cooperate with creditors is  limited  to  administrative  referral  of  correspondence to the member. The   CO   makes   sure   members   concerned communicate  their  intentions  in  the  matter  to  the creditor.  However,  under  the  Fair  Debt  Collection Practices Act (Public Law 95-109), contact by a debt collector with third parties, such as COs, for the purpose of aiding debt collection is prohibited without prior consent of the debtor or without a court order. The act defines   the   class   of   persons   prohibited   from communicating with third parties, and it specifically exempts certain persons. Generally, persons or firms collecting on their own behalf are exempt and such correspondence is referred to the member. COMMANDING  OFFICER’S RESPONSIBILITY A CO must make sure members of the command have been instructed in the provisions of the  Naval Military Personnel Manual (MILPERSMAN), Article 6210140.  Disinterested  third-party  counseling  should be  made  available  by  each  command  to  help  with members’ problems. The following points should be emphasized to a member when credit practices are discussed: Thrift is not only a virtue but, for most people, a necessity. The  way  that  one  handles  his  or  her  private financial affairs provides a reliable indication of his or her general character and trustworthiness. Before acceptance of any credit plan, a member should evaluate his or her financial capabilities and set 2-3

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