Wednesday, August 3, 2011
I was overpaid by the army $4000 and they say $23000? What do I do?
I am currently stationed in DC.I was divorced on January2010. In the divorce a dependent child was not listed and a verbal custody agreement was reached for the time that it would take to have the courts decide on paternity. The reason the child was not included in the divorce was because a DNA test that was done concluded that I was not the father. The ex-wife and I agreed on me paying what I can in support due to my finances at that time. This was supported by a notarized statement from the ex-wife which i presented to my command.My 1SG from my last duty station was aware that I had been divorced in January and that I resided off post.That 1SG told me that I could continue staying off post. I went to finance at my old duty station and tried to change my BAH to the single rate. I was told by the clerk that was behind the counter that I needed to remove my dependents from DEERS before I could change my BAH to single rate. I went to DEERS at the old duty station and they told me they needed something saying that I was no longer legally responsible for the dependent in order to remove her. The dependent did come and visit me on three occasions while at the old duty station and I paid the support money to ex-wife through cash, clothes, and toys. I did not have the money to pay for the court case to remove my name from the birth certificate until late April 2010. At that time I was on leave in between duty stations. I arrived in the Washington, DC area with no documentation on paper about the dependents custody agreement. I signed a lease at the where i stay now in April 2010 after getting the Statement of Eligibility from the housing on the naval base i am now working at. I went there because it is where I would be working. I signed into my current unit on May 2010 and in-processed at the new command the next week. I told my section sergeant who is my supervisor at where i work that I had signed a lease in the area when I arrived. I also informed him about my dependency situation with the dependent and the court case. I told him what had been said to me at my old duty station's finance and DEERS. After I received my court decree taking my name off of the birth certificate and relieving all of my responsibility to the child in June; I submitted the first packet to remain living where I was. I have no documented proof of this packet other than sworn statements from my Supervisors. I also went to finance and tried to change my BAH to the single rate. A NCO clerk told me I need a document from my ex-wife to prove that i was was providing support for the child until I was dissolved from the birth certificate in order to avoid a debt for the BAH that i had received. After I received the before mentioned statement from the ex-wife in July I put together a packet to change my BAH to the single rate.The Packet was sent up the chain at the end of July and contained the before mentioned documents and a DA form 5960(start/change BAH form). After it had not taken affect in September, My section sergeant helped me put together a packet to request to remain living off post. That packet had letters from my section sergeant and the NCO IC of my area that i work in. That packet was returned back and I was told that I needed to request for a Certificate of non-availability (CNA) to remain in my housing and change my rate to without dependents. My NCO and I, put together another packet to request a CNA . That packet was lost after it left our Company ( have a copy of the transmittal letter), which I did not know at the time. After no change in my BAH status by late December, after everyone returned from the holidays in the beginning of January I brought the fact I was still getting paid the wrong BAH up again. In February my BAH was completely stopped. I went to Finance at my current duty station and learned of the debt. I learned that if I received a back dated CNA that my BAH would be reinstated at the right rate and I would be able to pro-rate the difference.The last packet for a CNA was submitted at the end of February. That packet came back disapproved because the base SGM said that it was illegal. I took leave in order to be able to get married to my fianc�. I am now married and living in the same apartment that I have lived in the whole time. I have never lived in a barracks. Also my wife is currently pregnant. My question is what can i do now. I have submitted the debt remission and cancellation form through my command and have heard nothing and they have started taking money back anyway. I put the money that i was overpaid back but it is now gone due to me not receiving BAH for two months. I don't have enough money to make past the first of next month. I have been to JAG and they cannot help till a court martial is started and AER( emergency relief) won't help till I'm broke. I want to pay the difference in BAH not the whole because i did pay rent and such. I am a vet and never gotten in trouble
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