What about the people who mortgaged their houses to pay it back?
...What about the people who mortgaged their houses to pay it back?...
The obvious.
UNDER 10 USC 2774 ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES CAN BE CONSIDERED FOR WAIVER (FORGIVENESS) ON BEHALF OF A MEMBER OR FORMER MEMBER OF THE UNIFORM SERVICES WHEN COLLECTION WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE AND NOT IN THE BEST INTEREST OF THE U.S. GOVERMENT.
FROM WHAT I UNDERSTAND ABOUT THE OVERPAYMENTS OF THE CALIFORNIA GUARDSMEN (RESERVISTS), THEY RE-ENLISTED INTO THE REGULAR ARMY AND WERE ERRONEOUSLY PAID ENLISTMENT BONUSES. GENERALLY, ENLISTMENT BONUSES ARE ONLY PAID TO FIRST TIME ENLISTMENTS, NOT PRIOR SERVICE MEMBERS. THUS THE PAYMENTS WERE ERRONEOUS, AND NOT RECOUPMENTS OF BONUSES THEREFORE THEY WOULD QUALIFY FOR WAIVER UNDER 10 USC 2774.
FURTHER, THE AGENCY (DOD, ARMY, AND DFAS) COULD APPLY FOR WAIVER ON THE MEMBERS’ BEHALF WHEN IT’S CLEAR THE MEMBERS WOULD NOT HAVE BEEN AWARE OF THE OVERPAYMENT. ACCORDINGLY, DOD, THE ARMY AND OR DFAS COULD OR SHOULD PUT TOGETHER A GROUP/BLANKET WAIVER AND SUBMIT IT TO THE CONTROLLER GENERAL OF THE UNITED STATES FOR WAIVER.
ALSO, IF ANY OF THESE MEMBERS ARE CURRENTLY ON ACTIVE DUTY (ENLISTED) THEY WOULD ALSO QUALIFY UNDER THE SERVICE REMISSION LAW, 10 USC 6161 (FOR NAVY AND MARINES CORPS MEMBERS)
WHY DOD, THE SECRETARY OF THE ARMY AND DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) DID NOT CONSIDER THIS OPTION, IS BEYOND ME, PERHAPS, THEY HAVE TO MANY ACCOUNTANTS AND LACK THE MILITARY PAY EXPERTISE TO DEVELOP THIS TYPE ON PLAN, EVEN WHEN THERE IS PAST PRACTICES FOR DOING A BLANKET/GROUP WAIVER ON CERTAIN TYPES OF GROUP DEBTS.
I UNDERSTAND THAT MR. DAVID E. MCDERMOTT IS THE DEPUTY DIRECTOR FOR OPERATIONS, WITH THE DEFENSE FINANCE ACCOUNTING SERVICE, AND THIS SHOULD BE WITHIN HIS SCOPE TO MAKE THIS HAPPEN.
SINCERELY
HARRY E MCGOWAN
( Former USMC Payrolls Officer)
In military parlance for this FUBAR situation, you’re SOL.