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AFH 1 · Chapter 12 · Section 12.14

Financial Obligations

Part of Developing Self · 2 sections · ~728 words · WAPS PFE study material

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Financial Obligations and Handling Complaints

Member Responsibilities

Military members will:

  • Pay their financial obligations in a proper and timely manner
  • Provide adequate financial support of:
  • A spouse
  • A child
  • Any other relative for which the member receives additional support allowances
  • Comply with the financial support provisions of:
  • A court order
  • A written support agreement
  • Respond to applications for involuntary allotments of pay within the established suspense dates

Reference

Financial Responsibility AFI
DAFI 36-2906, *Personal Financial Responsibility*, provides administrative and management guidelines and rules.

Handling Complaints

Where Complaints Get Sent

Complaint Routing
Complainants are often unfamiliar with USAF organizational addresses or do not know the member's actual unit of assignment, so frequently address correspondence to:
  • The installation commander
  • The Staff Judge Advocate
  • The force support squadron

Forwarding for Action

Forwarded to Commander
Complaints are forwarded for action to the individual's immediate commander and the complainant is notified of the referral.

Commander Response Timeline

15-Day Response
Commanders will attempt to respond within 15 days.

Consequences

Consequences for Failure
Failure to pay debts or support dependents can lead to:
  • Administrative action
  • Disciplinary action

Active Monitoring

Active Monitoring Required
Commanders must actively monitor complaints until they are resolved.

Adverse Findings

Adverse File Inclusion
If the commander decides the complaint reflects adversely on the member, this action should be included in the unfavorable information file.

Separated/Retired Members

Separated Member Notification
If the member has separated with no further military service or has retired, the complainant is notified and informed that the member is no longer under USAF jurisdiction and the USAF is unable to assist.

Retiree Pay Garnishment

Retiree Pay Garnishment
Retired members' retirement pay can be garnished for child support or alimony obligations.

Federal Government Debt Collection, Waiver, and Remission

No Member Consent Required

USAF Collection Without Consent
A USAF member who owes debts to the government does NOT have to give his or her consent for the USAF to collect.

$100 Threshold for Notification

$100 Notification Threshold
Generally, for debts exceeding $100, the individual must:
  • Receive notification of the pending collection of a debt
  • Be given a chance to repay the debt before any withholding action occurs

Due Process Exceptions

Due Process Exceptions
However, due process need not be completed before the start of a collection action if:
  • An individual's estimated date of separation is not sufficient to complete collection AND the USAF would be unlikely to collect the debt, OR
  • When the collection action can be completed within two monthly pay periods

What USAF May Collect

The USAF may also collect debts involving:

  • Any federal agency
  • Portions of a retention bonus not served
  • Delinquent hospital bills for family members
  • Excess shipment of household goods
  • Loss or damage to government property
  • Erroneous payments made to or on behalf of the member by the USAF

Waiver and Remission Provisions

Relief Options
Military members may request relief from valid debts by applying for waiver or remission of the debt.
Where to Apply
The local financial services office has specific guidance and can provide assistance regarding these programs.

Waiver of Claims for Erroneous Payments

Waiver Eligibility
When a member receives erroneous pay or allowances, he or she may apply for a waiver of claims by the United States.

When Waivers Are Granted

No Fault Required
A waiver may be granted when there is no indication of:
  • Fraud
  • Misrepresentation
  • Fault
  • Lack of good faith

…on the part of the member or any other person having an interest in obtaining a waiver of the claim.

Waiver Authority

DFAS Waiver Authority
DFAS will rule on all waivers.

Remission

Remission Eligibility
A RegAF, separated member, or his or her commander may apply for remission of a member's indebtedness to the United States.

What Cannot Be Remitted

Court-Martial Forfeiture Exception
The USAF may NOT remit or cancel any debt due to non-collection of court-martial forfeiture.

Factors Considered

Remission Factors
In addition to the circumstances creating the debt and the issue of good faith on the part of the member, financial hardship may be a factor for consideration.

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