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I don't know if this falls under military law per say, but

I don't know if this...
I don't know if this falls under military law per say, but when I joined the Navy back in 2004, I enrolled in the Loan Repayment Program. I've come to find out that the Navy never paid of the loans and now the Department of Education is trying to garnish my wage. I got of the Navy with an honorable discharge in 2010. Who can I contact about getting the Navy to pay off the loan?
JA: Are you overseas or stateside?
Customer: Stateside, Oklahoma City, OK
JA: Have you talked to anyone in the chain of command about this?
Customer: I have not. I'm not sure who to contact, especially since I'm out of the military.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No ma'am.
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Answered in 12 hours by:
3/16/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,478
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry...but I am not sure I understand the question...you were expecting the Navy to repay your loans while you were in? Or after you left?

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Customer reply replied 9 months ago
I should have been paid off while I was in, but it never was.

Thanks
And is there a reason you have waited 7 years to address this? In other words, why did you not raise this while you were on active duty?

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Customer reply replied 9 months ago
I thought I'd had been off. I gave all the necessary info for the loan while in boot camp. I should have verified that it was resolved, but I never did, a big mistake on my part. And I should have checked my credit, but didn't think I had a reason to.

Thanks
That was a mistake. And, frankly speaking? It is likely too late to address this.

The program that you are referring to is governed by this regulation

http://www.public.navy.mil/bupers-npc/reference/instructions/BUPERSInstructions/Documents/12300.3.pdf

the regulation requires the Navy to repay loans, as part of this program, WHILE you are on active duty. The duty to repay ends when you leave the service.

And the real problem you have is that over 2 years have passed since you left duty...and the statute of limitations on this matter is 2 years...so it is too late to sue to force the Navy to honor the contract.

You can certainly contact the Department of the Navy and request they honor the promise. THe contact would be

Naval Personnal Command

5720 Integrity Drive, Millington TN###-##-####/strong>

But after 7 years, I fear that they may ignore this request...and if they do? You have no legal recourse (it is too late to force the Navy to take action).

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can force the Navy to honor the promise, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,478
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 9 months ago
No, I completely understand. It all falls on me for not following up and taking action sooner. Thank you so much for the helpful information, you've been a big help. At least now I know for sure that there is no legal recourse I can take since the statute of limitations is way pass due. I may still contact the Naval Personnal Command, but I'm fully aware and prepared to pay this loan off myself. Thank you soo much, you and this site provide an awesome service!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,478
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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