Military pay?

Question

My husband is in the Army Reserves. Usually does the weekend thing, but back in October he was given a set of orders to put him on full time duty for a period of 6 months. These orders stated that he will rate per diem. The temporary orders expired in June when the mission was complete and when the orders expired, someone higher up in his division took it upon themselves to add an amendment to the orders stating that he did not rate the per diem. We just received a bill from the Fed. Govt. for $5700.00. The govt. says this is a debt incurred since the amendment to the orders says that per diem wasn't authorized. My question is for any military legal people or S-1 ( I think thats the dpt. that handles pay) people who might have insight to this. Isn't it true that a set of orders is considered a contract and must be kept by both the soldier and the military and if that original contract states that a certain pay is rated, then it must be paid? Someone please enlighten me.

The money was paid, but now there is a demand to give it back. I dont understand that since the original orders stated that it was rated.

My husband often performed his duties outside of his home duty station. It seemed he was gone more than he was home.

Answer 1

This isn't an unheard of situation, and unfortunately, it rarely works out in favor of those in your husband's shoes. I'd highly recommend that your husband speak with a JAG officer about the situation, as well as his section leader. Depending upon who amended his orders, this may be enough to keep the per diem rate. Having said that, however, it is rare that a reserve member, called to active duty for such an extended period of time would be paid per diem. The answer you may receive is one of "ignorance is no excuse." In other words, your husband should have noticed the mistake and brought it to the appropriate person's attention or, at least, not spent the extra money.

PS: DON'T EVEN THINK ABOUT DOING WHAT EARL SUGGESTED, ESPECIALLY WITH RESPECT TO THE MEDIA. THAT'S A SUREFIRE WAY TO SCREW YOURSELVES.

Answer 2

There are many things to consider here, my suggestion would be to discuss this with the JAG office.

There is no way I could give you a good answer, not knowing the details of the orders. Reservist and National Guardsmen often have pay issues, because either they donn't understand their entitlements or someone else don't understand them.

In general per diem is only paid when the service member performs duties at locations other than his home station. Keep in mind though that if he was ordered to active duty where ever he was, was more than likely considered his home station.

Wish I could help you more........ Good luck.

Answer 3

the JAG department could argue it because the original orders (which he should have signed for) stated whether or not her rated Per Diem. Because he had to sign for it, kinda like a contract, he shoudl have rated them. However, being a reservist, and deployed for such a long time, they may say it was a mistake. Either way, talk to JAG or CID and they can give you a more definate answer. Sometimes officers try to over state their positions or rank and do stupid things to lower moral of their troops. Hope it all works out.

Answer 4

If there was an amendment to the orders that changes them. Before doing anything your hubby should have read the orders and understood them and addressed them at that time. Not after you have already been given the money. Yes orders are a contract but just like a civilian one if something is amended and added then that applies.

Answer 5

Write your Senators, Write your Congressman, Write the Secretary of Defense and send a copy to Time Magazine and the Washington Post

Make sure they all see the CC to Time Magainze and the Washington Post

Enclose copies of his orders and copies of the Amendment.

Then wait.

Answer 6

No need to write anyone just yet. Go to finance where he was activated. They usually fix the problem. Bring copies of his orders.

Answer 7

im active duty navy and any time we get "overpaid" they just take it back forom our next pay periods. dont see how his 'boss' could change his orders when they come offically written from the detailers themselves.
this probaly wasnt any help but i got my 2 cent in.