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Military and Debt

Hello everyone, I am currently away on vacation. This is a guest post from Ana, the author of the blog Debt-Free Revolution. Ana is “an Army wife, an Iraq veteran, a college student, a mom, family CFO, and a “Pizza Delivery Expert” a.k.a. a Domino’s pizza delivery driver to get her family out of the chain of debt!” If you like this post, consider subscribing to her feed. She writes great articles on a regular basis. ;)

Anyone who is serving in the military needs to be aware of how debt can negatively affect their military career. Most people by now should understand that the military will pull a credit report on anyone who is applying for a security clearance, and that the security clearance can be denied if the person is carrying too high of a debt load. If your MOS (job) depends on obtaining that clearance and it is denied, you could be involuntarily reclassed into a different job that doesn’t require a clearance… hope you like cooking if that is your situation!

What some don’t know is that you can actually be discharged from the military for “bad debt.” I saw it happen to a Desert Storm vet back when I was a private in 1999. Once the commander got the letter of indebtedness, and it was determined the soldier couldn’t pay it, they proceded to revoke his security clearance for it. Since our MOS required a Secret level clearance, he had the choice of being involuntarily reclassed or separated under Article 134 of the Uniform Code of Military Justice (UCMJ). He chose separation over becoming a cook.

Years later, as a sergeant I had to write one of my soldiers up for being in debt that he couldn’t pay. I had to take him to budgeting class, since the bad debt was a repossessed car, and he ended up with extra duty and and a repayment plan drafted up by our commander.

Anyone who has ever served knows that the military pay is less than generous when compared to the civilian equivalent. So it becomes imperative to operate your household on a budget in light of the negative consequences of debt! Here is the excerpt of Article 134 that the specialist was discharged under, and that I wrote up my soldier for:

Article 134 - (Debt, dishonorably failing to pay)

Elements.

(1) That the accused was indebted to a certain person or entity in a certain sum;

(2) That this debt became due and payable on or about a certain date;

(3) That while the debt was still due and payable the accused dishonorably failed to pay this debt; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. More than negligence in nonpayment is necessary. The failure to pay must be characterized by deceit, evasion, false promises, or other distinctly culpable circumstances indicating a deliberate nonpayment or grossly indifferent attitude to-ward one’s just obligations. For a debt to form the basis of this offense, the accused must not have had a defense, or an equivalent offset or counterclaim, either in fact or according to the accused’s belief, at the time alleged. The offense should not be charged if there was a genuine dispute between the parties as to the facts or law relating to the debt which would affect the obligation of the accused to pay. The offense is not committed if the creditor or creditors involved are satisfied with the conduct of the debtor with respect to payment. The length of the period of nonpayment and any denial of indebtedness which the accused may have made may tend to prove that the accused’s conduct was dishonorable, but the court-martial may convict only if it finds from all of the evidence that the conduct was in fact dishonorable.

Lesser included offenses. None.

Maximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

As you can see, excessive debt can have a severe impact on your career. It will also have a negative impact on your personal life.

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  1. 9 Comment(s)

  2. By Lynnae @ Being Frugal on Oct 2, 2007 | Reply

    I had no idea! One more reason not to go into debt!

  3. By Patrick on Oct 2, 2007 | Reply

    Lynnae,

    The military takes the actions of its members very seriously, and poor financial health is not only a bad reflection on the military, but it can hinder operational readiness as well.

    Personal financial problems can get in the way of deployments and troop movements, because the military will not usually send someone where they are needed if there is legal action against them.

  4. By Pinyo on Oct 2, 2007 | Reply

    Great post. I knew it’s tough, but I didn’t know it can be this hard/harsh.

  5. By Patrick on Oct 2, 2007 | Reply

    Hi Pinyo,

    Punishment and getting kicked out of the military is really a worst case scenario. Most supervisors and military leaders try to work with their troops before disciplinary action is taken. However, sometimes the situation is just too far out of control to be dealt with.

    The military does try to provide education and financial training, but in my opinion, it is limited at best.

  6. By Mario on Apr 28, 2008 | Reply

    According to the post excessive debt is punishable by UCMJ but what if the debt was caused by entering military service. If the situation is to far out of control and you make every effort to pay is it still considered dishonorable and subject to discharge?

  7. By Patrick on Apr 28, 2008 | Reply

    Mario, Yes, excessive debt is still punishable by the UCMJ, even if it was caused by your entering into military service. The best recommendation I can give you is to try to get on top of things as soon as possible. If you aren’t able to cover your debts, I would begin talking with your supervisor and First Sergeant ASAP. The sooner you get them involved, the more willing they will be to work with your situation. Good luck, and thanks for serving.

  8. By Nick on May 29, 2008 | Reply

    I work at a bank in the loan dept.,and I have a customer who took out a loan to purchase a vehicle. He stopped paying for the vehicle and it was reposessed. I tried to explain to him the remaining balance after the vehicle was sold. At first he pretended to have interest in the repayment to make good with the bank. Now he flat out refuses to repay the loan saying that he feels he shouldnt have to pay this back. After looking over his file, I found out he was in the U.S Army. He completely refuses to cooperate and now he doesnt even answer his phone, Im guessing he is screening his calls to avoid discussing his bill.
    Is there any way to find out who his supervisor or commanding officer is if they are refusing to put forth efforts in repayment of funds borrowed. What would be the best way to report this kind of negative behavior? to whom would this be of concern?
    Thank you
    Nick

  9. By Patrick on May 30, 2008 | Reply

    Nick,

    I would start by sending a certified letter to him to have that on file and inform him he is legally responsible for the remaining balance of the loan and this is negatively affecting his credit (though I’m sure this has been done). You may also let him know that if he doesn’t comply you will bring this to the attention of base authorities. Keep in mind, his commander can order him to pay it, but I’m not sure he can legally force him to pay it. But the commander can enforce military punishment, which may concince the soldier to pay.

    On his loan paperwork, check to see it he listed his unit, brigade, or any other information regarding which organization he is in. If he did, go on the internet and find the number to that unit’s First Sergeant or commanding officer and give them a call (start with the First Sergeant).

    As I mentioned, this won’t guarantee results, but it will get you in the right direction. Good luck.

  10. By Jarhead on Jun 22, 2008 | Reply

    Unfortunatly I am faced with Marines unable to pay debt on if not a daily at least a monthly basis. In my 13 years I have had 2 Marines both grossly in debt. One consistantly used multiple check cashing (pay day advance) places and would be overdrawn on his account 2 days after payday and the other cosistantly just overdrafts his account in excess of $400 dollars between paychecks. I did all I could for these guys to include taking care of their finances for them. Hopefully they have gotten better and can become productive citiziens once they are out.

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