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Department of the Army Civilian Living Quarters Allowance (LQA)

Discussion in 'Other Governmental Matters' started by chriswsmith, May 2, 2013.

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  1. chriswsmith

    chriswsmith Law Topic Starter New Member

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    I am a Department of the Army Civilian living and working in South Korea. I started my tour in Korea as a contractor in 2004 and made the decision to attempt to transfer to government civil service in 2009. I applied for a position and was provided a tentative offer. As with any new position, I was basing my decision to accept on the benefits that were offered. One of the benefits crucial to living comfortably on the local economy is the Living Quarters Allowance (LQA). I was asked for specific documentation by our HR representative that would be used to determine my eligibility for LQA. I supplied all documentation, and received a signed memorandum from an HR representative that stated based on the review of the documentation that I was authorized to receive LQA. This equates to approximately $33,000 per year.

    Around November of 2012, the DoD mandated that an audit be performed across the the department on individuals receiving LQA. On 1 May 2013, I received a memorandum stating "...you do not meet the requirements for LQA under DSSR Section 031.12b, and the Agency's previous determination that you were eligible to receive LQA was erroneous" While this, in and of itself, is very detrimental to my ability to continue employment in my current position, it does not end there. The memorandum goes on to state "Because you have been erroneously receiving LQA payments, you are required to repay the LQA you have received" I don't have an exact figure, but I believe this will end up being around $133,000. Even though I have a signed "contract" stating I'm eligible, the government can simply decide to not honor the contract and on top of that, tell me I have to repay what I was receiving on good faith.

    Declared indebtedness to the government has far reaching ramifications beyond the monetary. This will affect my credit and has a high probability to affect my ability to maintain my security clearance. I have tried to make a long story short, but I'm just reaching out for opinions on whether or not I should pursue legal actions.
     
  2. army judge

    army judge Super Moderator

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    I suggest you work with your union, if you have one.

    Otherwise, your success will be limited.

    You'll need an attorney.

    Said attorney will need to seek the government's approval to sue them.

    I suggest you speak with the IG and then investigate your internal appellate process.

    Good luck.

     

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