Need some help!!

[wildman4x4nut]

Hi everyone,
I am in a situation dealing with the US Government and need to contact people within the media to try and get this story out. If you know someone who works for a newspaper or a TV station and think they would like another story about how our government is ****ting on our veterans I have one for them.


The short and dirty of this story is this;
In 1992 I got off active duty after 14 years in the Army when Pres. Clinton was doing the big troop draw down. At that time they offered me $43,000.00 to leave the Army. I signed a contract saying if I worked for the US Government and was eligible for a retirement from the Federal Government that I would have to pay this back.

When I was being discharged from the Army in 2006 I was told that I would not have to pay this money back because I was medically discharged due to wounds recieved in combat. So I took this to be true. Then on 10 Febuary I received a letter from the DFAS (Defense Finance Accouting Service) office that starting 1 Febuary I would have to start repaying this debt. Well it was past 1 Febuary already so I woundered what would happen. Come 1 March sure enough they took their payment to repay this debt. Here is the kicker on this whole thing. I am repaying at the sum of $2,046.00 per month!!! I have spent the past two weeks calling every person I can trying to get the payment reduced. I am not saying I don't owe this money but I think a more resonable amount would be fair.

So at this point I don't know what to do. I am going to have to scrap every month to try and make ends meet. I think this would be a good story. Also if you have the time and give a damn you can call your congressperson and complain about this.

[DC]

Rick,

That really blows!

I guess what I don't understand is that you say you signed a contract back in 1992 that in essence stated as long as you didn't work for the government again or have some form of government retirement coming to you, that you wouldn't have to repay the $43,000. So, it seems to me that if neither of those two things happened, wouldn't the contract protect you from having to pay any of that separation money back? Or is it a matter that you continued to be in the Army from 1992 through 2006, and that somehow technically counted as "working for the government"? If this is the case (or you are otherwise eligible for getting some form of government-based retirement), the contract you signed may unfortunately put you in an out of luck position.

Beyond that, you also mentioned that when you were discharged in 2006 that someone told you that you wouldn't have to pay the money back due to your medical discharge for being wounded in combat. I hate to ask this, but did you get that statement or position in writing (or do you at least have detailed information relating to the identity and authority of the person who made that statement to you)? If you do have something along those lines, it seems to me that you should be able to appeal the recent decision through Army channels or at worst, to engage legal representation to go to bat for you.

Failing all of this, I would hope (possibly in vain), that there should be some leeway within the DFAS to allow for some good faith negotiation with a wounded combat veteran with an honorable discharge to reduce the monthly repayment amount, especially during these very bad economic times. That said, I am certainly no lawyer and I have had no personal or professional dealings with the military, so my thoughts on all of this may not amount to all that much.

In any regard, I certainly wish you the best Rick and hope you can work this situation out to your benefit.

Don

[Gunnys TJ]

Here is the actual order:
I took the liberty of bolding the portion that relates to you. My advice would be to get a lawyer who deals with military benefits. The Staff Judge Advocate on any base will give you a good referral if you call them.
The advice given to you when you seperated the second time around was wrong.

TITLE 10, Subtitle A, PART II, CHAPTER 59, ? 1174 Separation pay upon involuntary discharge or release from active duty

(a) Regular Officers.—
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 6383 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force, or Marine Corps who is discharged under section 630 (1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force, or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under section 614 (b) of this title.
(4) Notwithstanding paragraphs (1) and (2), an officer who is subject to discharge under any provision of chapter 36 of this title or under section 580 or 6383 of this title by reason of having twice failed of selection for promotion to the next higher grade is not entitled to separation pay under this section if that officer, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty for a period that is equal to or more than the amount of service required to qualify the officer for retirement.
(b) Regular Enlisted Members.—
(1) A regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay.
(2) Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense.
(c) Other Members.—
(1) Except as provided in paragraphs (2) and (3), a member of an armed force other than a regular member who is discharged or released from active duty and who has completed six or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if—
(A) the member’s discharge or release from active duty is involuntary; or
(B) the member was not accepted for an additional tour of active duty for which he volunteered.
(2) If the Secretary concerned determines that the conditions under which a member described in paragraph (1) is discharged or separated do not warrant separation pay under this section, that member is not entitled to that pay.
(3) A member described in paragraph (1) who was not on the active-duty list when discharged or separated is not entitled to separation pay under this section unless such member had completed at least six years of continuous active duty immediately before such discharge or release. For purposes of this paragraph, a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days.
(4) In the case of an officer who is subject to discharge or release from active duty under a law or regulation requiring that an officer who has failed of selection for promotion to the next higher grade for the second time be discharged or released from active duty and who, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty—
(A) if the period of time for which the officer was selected for continuation on active duty is less than the amount of service that would be required to qualify the officer for retirement, the officer’s discharge or release from active duty shall be considered to be involuntary for purposes of paragraph (1)(A); and
(B) if the period of time for which the officer was selected for continuation on active duty is equal to or more than the amount of service that would be required to qualify the officer for retirement, the officer’s discharge or release from active duty shall not be considered to be involuntary for the purposes of paragraph (1)(A).
(d) Amount of Separation Pay.— The amount of separation pay which may be paid to a member under this section is—
(1) 10 percent of the product of
(A) his years of active service, and
(B) 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty; or
(2) one-half of the amount computed under clause (1).
(e) Requirement for Service in Ready Reserve; Exceptions To Eligibility.—
(1)
(A) As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person’s discharge or release from active duty. If the person has a service obligation under section 651 of this title or under any other provision of law that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person’s obligation under such section or other provision of law.
(B) Each person who enters into an agreement referred to in subparagraph (A) who is not already a Reserve of an armed force and who is qualified shall, upon such person’s discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component.
(2) A member who is discharged or released from active duty is not eligible for separation pay under this section if the member—
(A) is discharged or released from active duty at his request;
(B) is discharged or released from active duty during an initial term of enlistment or an initial period of obligated service, unless the member is an officer discharged or released under the authority of section 647 of this title;
(C) is released from active duty for training; or
(D) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service.
(f) Counting Fractional Years of Service.— In determining a member’s years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
(g) Coordination With Other Separation or Severance Pay Benefits.— A period for which a member has previously received separation pay under this section or severance pay or readjustment pay under any other provision of law based on service in the armed forces may not be included in determining the years of service that may be counted in computing the separation pay of the member under this section.
(h) Coordination With Retired or Retainer Pay and Disability Compensation.—
(1) A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay so much of such pay as is based on the service for which he received separation pay under this section or separation pay, severance pay, or readjustment pay under any other provision of law until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay received.
(2) A member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay, severance pay, or readjustment pay, of any disability compensation to which he is entitled under the laws administered by the Department of Veterans Affairs, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay, severance pay, and readjustment pay received, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). Notwithstanding the preceding sentence, no deduction may be made from disability compensation for the amount of any separation pay, severance pay, or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.
(i) Regulations; Crediting of Other Commissioned Service.—
(1) The Secretary of Defense shall prescribe regulations, which shall be uniform for the Army, Navy, Air Force, and Marine Corps, for the administration of this section.
(2) Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active service in the armed forces for the purposes of this section.

[wildman4x4nut]

Guys I know what the regs say. I am not trying to fight the fact that I have to pay this money back. Yes I really wish I didn't have to but that isn't an issue. I'll pay it back I just would like to do it at a less amount per month.

Dc you said you hope that DFAS would negoiate a lesser amout. Well they won't. They are saying they can't it is the way the law is written.

What I am asking for AGAIN is that if you know someone in the media please contact them and see if they want to do a story. Also if you know a congressman or congressperson contact them and let them know that you don't think veterans should be treated this way and want the law changed so that they don't have to go thru what I am going thru.


http://www.fosters.com/apps/pbcs.dll...S_01/703199898

[DC]

Rick,

I'm truly sorry you are in this situation. However, since you agree that you owe the money back, and if the DFAS is on solid ground in that they are following established law in the amount they require per month in your specific case, what congressperson or media outlet is going to be interested in championing a cause based on the premise that a veteran is being mistreated in the process? While I do see an emotional dimension in all of this (especially in light of the current economic situation and the fact that a veteran is involved), I am just trying to be realistic here. On the other hand, if you could have concretely demonstrated that you didn't owe the money back, or that you were being inappropriately singled out, or that the DFAS was not negotiating with you in a good faith and legal fashion ... then I could perhaps see someone picking up the gauntlet for your situation. But if what this boils down to is that you are upset with the amount you have to pay back per month (which I don't deny is a bummer on a personal level), it just doesn't seem likely to me that your situation sufficiently rises to the level of political support or media involvement.

Just curious, but have you been able to sense any interest from contacting your local media outlets or the congresspeople in your district and state about your situation? Hopefully so, but if not, it's not likely that any of the rest of us could get the media outlets and congresspeople in our states interested in this.

As I said before, I certainly wish you the best and hope you can work this situation out or to at least deal with it as best you can.

Don