Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification.
I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that the government is in breach of this code. is this true? and is there anything that i can do?
A:
Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the employee with written notification of the debt, the intention to offset salaries, and an opportunity to dispute the debt, request a hearing, or arrange for repayment.
If you have not received any such debt notification and yet are experiencing loss of pay and a payment plan has been initiated, it appears there may be a procedural issue. The first step is to formally request a detailed explanation of the debt from the Defense Finance and Accounting Service (DFAS) or your local military finance office. This request should include an inquiry into why you were not notified as required by law.
If this approach does not resolve the issue or if you believe the government is indeed in breach of the code, you may consider seeking legal assistance. An attorney can help you understand your rights and options, potentially including filing a grievance or taking legal action if necessary.
Remember, it's important to act promptly and keep detailed records of all communications and documents related to this matter. This will be crucial in addressing and resolving the issue effectively.
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