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Page Title: Administrative or Disciplinary Action
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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

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