What is the Finance Officer waiver liability process for a soldier that had a crushing decision against him?

CPT Private RallyPoint Member — Tue, 25 Aug 2020 22:25:13 -0400

I soldier I'd like to lessen the blow for a soldier that had a FLIPL levied against him. I saw mentioned before with the waiver of a Finance Officer a crushing financial decision (FLIPL) could suspend or reduce the payment. What is that process. I can't find the post or a reg. I understood it doesn't overturn the decision, it just suspends the financial impact.

Response by COL Private RallyPoint Member made Aug 25 at 2020 11:05 PM

COL Private RallyPoint Member — Tue, 25 Aug 2020 23:05:48 -0400

AR 735-5, paragraph 13-42 describes the "respondent rights' to an adverse FLIP:. Like many administrative actions, the soldier has the right to dispute the debt or ask for a remission of the debt.

AR 600-4 is all about Remission and Cancellation of Indebtedness. Depending on your component (RA, USAR, or ARNG) there are different processes on how to pursue the remissions or cancelation.

If the debt was already referred to DFAS for collection action: https://www.dfas.mil/waiversandremissions/activemilitarywaivers/

The soldier can also ask the SJA for assistance.

Hope this helps.

Defense Finance and Accounting Service waiversandremissions activemilitarywaivers

The official website of the Defense Finance Accounting Service (DFAS)

Response by SFC Private RallyPoint Member made Aug 25 at 2020 11:14 PM

SFC Private RallyPoint Member — Tue, 25 Aug 2020 23:14:10 -0400

MAJ Ken Landgren didn’t you say you were a finance commander?

Response by CPT Lawrence Cable made Aug 26 at 2020 12:07 PM

CPT Lawrence Cable — Wed, 26 Aug 2020 12:07:51 -0400

I don't know about the Finance Officer, but the Brigade Commander use to have the authority to forgive a debt. That fact has saved more than one Company Commander when they got caught in the Deep Pockets part of the reg.

Response by MAJ Ken Landgren made Aug 26 at 2020 2:21 PM

MAJ Ken Landgren — Wed, 26 Aug 2020 14:21:15 -0400

Send him to Finance specifically to the Debt Section. Tell him he wants to initiative a waiver for the debt. As the Finance Commander, I was advised by my Senior NCOs that the criteria of debt forgiveness is not the legitimacy of the debt, but would paying the debt materially hurt the soldier and the family.

I wrote Memorandum of Records on behalf of the soldiers. I also noted that DFAS followed my recommendations. It will behoove of him to collect all pertinent data in regards to monthly expenses and express it in a coherent manner for Finance's review. Tell the soldier to show an actual concern about his finances. The more compelling the better.

Response by MAJ Private RallyPoint Member made Aug 26 at 2020 7:32 PM

MAJ Private RallyPoint Member — Wed, 26 Aug 2020 19:32:52 -0400

Did the soldier do something extremely negligent to deserve the judgment? Did they consult legal when they were made aware of the investigation?

I guess I would want to know what the circumstances were to determine if maybe the debt and having a rough month would be the correct lesson to learn or not.

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