I have a 30000 debt form dfas. It was do to my time in the national guard. I was payed from one set of orders while actually on another. I have contested this debt for 5 years because they never reenstated my acctual orders they just sent me the bill. This is going to lead to bankrupsy in less than a month. I will loss my job (RA/MI) and be out of work. What can I do
State/Country relating to question: Georgia
debt wavier/contacted National Guard to reenstate original orders
Thanks for the chance to help. I am an attorney with over 12 years military law experience.If the debt is valid your recourse is limited. You can request a waiver and/or a deferment from DFAS. But DFAS has the final say to approve the request. At the end of the day, if the debt is valid, DFAS will collect it.Sorry to have to bear bad news.
The debt is valid but the problem is that they never payed my for my acctual work, I was on active duty during the time, but they omitted my real orders and instated the wrong orders, my real problem with with it is they never fixed the issue instead just sent me the bill.
So they overpaid you? Or not?
They did not over pay me I was sent to school on orders. during my time in school my unit was mobilized. Dfas then removed my school orders and entered my mob orders. I graduated from school and went back to my unit on title 10 orders (AGR) for the remainder of the year until transfering to active duty. none of my orders I was acctually serving under got entered. Instead after a couple months they send me a bill for 8 months saying they revoked my orders. The problem is they never reenstated my real orders. I have all the paperwork and have submitted it several times to DFAS. They just say they cant reenstate orders, but they are the ones the removed my real orders not the National Guard.
Ok...so it sounds like there are two issues here...you owe them money...and they owe you money? Is that correct? And they are refusing to acknowledge the money they owe you?If this is correct, how long ago is their debt to you? How many years old?
That is correct. The debt was from 2006. They turned the debt over to the active duty componant and are now billing me 80% of my base pay.
That I understand...but what about their debt to you? Is it the same timeframe? And what steps have you taken to collect on that debt?
Yes the debt is from the same time period the orders overlap directly. I have sent in 3 packets contesting the debt including bank statements, the real orders, the graduation 1059 and the les's. DFAS's response was they are not responsible for the orders and that I have to get the National guard to reapprove the orders(which I already completed). I called the national guard and they said the orders were never revoked(real orders).
I am sorry for this mess you are in. DFAS can be difficult to deal with.But its true, DFAS will only respond to orders...DFAS will not issue orders...they just settle them.The unit in question...the one that should be issuing the order (to allow DFAS to unscrew this)...is this your current unit?
No, that was a national guard unit in 2006. No one there was there when this happened.
OK...are you still in a NG unit? Or an AR unit? Or the military at all?
I am on active duty (3ID). I joined active duty at the end of 2006. I was in the NJNG during the orders problem
OK...one more question...have you gone to your current unit with this issue for help? IF so what was the response?
I have, I am currently submitting a debt cancellation packet. This is the second time I have done this, they said they dont know what happened to the first packet(sent before my deployment to afghanistan in 2009). I am still waiting on the BDE commander to sign. In the mean time I will likely go bankrupt and loss my security clearance.
ThanksThat is the key...you are on the right track. That is, the best shot you have here is if your command supports you. DFAS will put a lot of weight into that recommendation from the BC. The only other option you would have would be to file a claim against the government (under the Military Claims Act (MCA) or Personnel Claims Act (PCA))...but that is a long process and, frankly, there is a 2 year statute of limitations...so it may be too late to collect!DFAS does everything "by the book"...they will only pay if they have to, and will take back the money if they can.But as I mention, they will put a lot of weight into a commanders recommendation. If the package is denied, the only other option would be to file a claim with the unit that screwed you pay up...you can file that through your current command. But I would hope DFAS cuts you a break on this one.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).