As a result of my Air Force Court Martial, I was ordered foreiture of all pay and allowances, reduction to E1 (airman basic), and four years confinement. Of course, I am still trying to appeal that matter.
The Military Judge waived the forfeitures for a period of six months, and during that time the money was suppose to go to my four dependant daughters to ensure their welfare.
Now, the Department of Defense Finance & Security Administration is claiming that they overpaid me approxamitely $17,000. I have been disputing this matter with them for almost a year now. During that time, they have continued charging interest and claim I owe them around $21,000. They turned the matter over to a collection agency, who has now turned it over to a law firm.
I sent them a dispute letter along with all paperwork about my waived forfeitures. They replied that the waived period of six months was only a suspension and is now up for retroactive collection.
They keep stating that I am responsible for the money. That I authorized them to deposit the money into an account other than my normal direct deposit account.
I never authorized or signed anything that would have allowed them to do this. They gave me the account number and the name of the bank the money was deposited in. I called them, my name is not nor has ever been on the account nor have I ever had an account with that bank. I relayed this information to DFSA. They advised me to find out from the bank who owned the account. But of course, the bank will not provide me with this information.
During my confinement, all of my LES statements that I received showed total payments $0.00. I had no idea that this money was even being paid to anyone.
I had no direct benefit from the money. I have had to start my life over. My factory job has just laid me off.
My understanding of the legal definition of waived is: v. to voluntarily give up something, including not enforcing a term of a contract. To me, that means the order of forfeiture was not enforced or suppose to be enforced for a period of six months.
My question is, can a court order waive of forfeitures be placed for retroactive collection?
The Military Judge waived the forfeitures for a period of six months, and during that time the money was suppose to go to my four dependant daughters to ensure their welfare.
Now, the Department of Defense Finance & Security Administration is claiming that they overpaid me approxamitely $17,000. I have been disputing this matter with them for almost a year now. During that time, they have continued charging interest and claim I owe them around $21,000. They turned the matter over to a collection agency, who has now turned it over to a law firm.
I sent them a dispute letter along with all paperwork about my waived forfeitures. They replied that the waived period of six months was only a suspension and is now up for retroactive collection.
They keep stating that I am responsible for the money. That I authorized them to deposit the money into an account other than my normal direct deposit account.
I never authorized or signed anything that would have allowed them to do this. They gave me the account number and the name of the bank the money was deposited in. I called them, my name is not nor has ever been on the account nor have I ever had an account with that bank. I relayed this information to DFSA. They advised me to find out from the bank who owned the account. But of course, the bank will not provide me with this information.
During my confinement, all of my LES statements that I received showed total payments $0.00. I had no idea that this money was even being paid to anyone.
I had no direct benefit from the money. I have had to start my life over. My factory job has just laid me off.
My understanding of the legal definition of waived is: v. to voluntarily give up something, including not enforcing a term of a contract. To me, that means the order of forfeiture was not enforced or suppose to be enforced for a period of six months.
My question is, can a court order waive of forfeitures be placed for retroactive collection?
