I have not been paying on my property and have been saving my BAH and the bank is going to foreclose on me very soon. Will I get discharged if I let the bank foreclose?
2007-09-06 05:47:00 · 22 answers · asked by Peekaboo 2 in Politics & Government ➔ Military
Probably not. The military is so hard up for people that you'd have to do something major to get a discharge. We had someone busted for having drugs in base housing get discharged here and not dishonorably so you ought to get off pretty easily. You will probably get some paperwork and be sent to financial counseling. At the worst a demotion, probably not a discharge.
2007-09-06 05:55:49 · answer #1 · answered by luckythirteen 6 · 1⤊ 3⤋
You can't get a dishonorable discharge if they are "Kicking" you out. The only way you can receive a dishonorable discharge is if you are given a general courts-martial, found guilty and be given the punishment of a dishonorable discharge, but only if there's a charge you were found guility where a dishonorable discharge is authorized punishment. When one speaks of getting "kicked out", that usually means they are going to administratively separate you from the Army. There are only 3 possible discharge types for administrative separations: Honorable, General, or Other Than Honorable(OTH). Because this sounds like an involuntary separations that brings it down to either a General or OTH. Which one you will receive is dependant on the "Chapter" you are being separated under. @Wine, FYI, a soldier can receive a BCD from a special courts-martial with BCD authority. It doesn't have to be a general courts-martial.
2016-04-03 06:48:05 · answer #2 · answered by ? 4 · 0⤊ 0⤋
I'm with Scvice on this one. The Military does not at all like it's soldiers in debt. That is grounds for a discharge, usually honorable or something equal but they could possibly get you for fraud or something like that for taking BAH money from the government that is supposed to go to housing and keeping it and letting your house get foreclosed on. You might need the services of a good attorney when this hits the fan. Why did you not pay? I wonder what you were thinking. If I was the deciding person as to whether to go after you for charges on that let me be honest and say that I would. You've defrauded the government. Having soldiers in debt constitutes too much of a risk that they will spy for our enemies for the money to pay off the debts. You know 99% of those who are caught spying against our country (talking americans here) will do it for so very little money it's laughable. And other countries will do their best to only pay what they have to. Staying out of debt lowers the risk of the average soldier spying by a lot. I hope you're only discharged good luck.
2007-09-06 09:46:06 · answer #3 · answered by Goofy 3 · 0⤊ 1⤋
No, you will not be discharged and there are no likely grounds for discipline but please go see a JAG legal assistance officer on post. He may be able to work out something that will save you from foreclosure.
A foreclosure will damage your credit for a long time to come. Your mortgage company wants your money not your house, so they may be willing to work with you.
By the way, a dishonorable discharge may only be imposed for the most serious crimes and may only be imposed upon conviction by general court-martial. Your BAH is to assist in off-setting the cost of housing and I know of nothing that mandates you spend that amount of money to pay your mortgage. Foreclosure is a civil matter and I cannot see that the military will have grounds to intervene.
You should be aware, however, a pattern of financial irresponsibility can be grounds for administrative discharge if this is not the only issue. Under this type of chapter you would normally get an Honorable or General Discharge.
2007-09-06 09:50:12 · answer #4 · answered by floridaladylaw 3 · 0⤊ 1⤋
no they won't give you a dishonorable discharge, but they will be highly unset with you. Why haven't you approach your chain of command for some kind of counseling and services?
You better go tell somebody in your chain of command real quick and see if there is anyway to repair this situation. You said that you have saved your BAH allowence; can you work out some kind of arrangement with your bank because they sure as heck don't want you to default on your loan.
You most likely will not be discharged if your bank forecloses on your loan, how exactly will that help your situation? It will cause you a great deal of grief for the rest of your enlistment and then they might bar you from reenlisting...
2007-09-06 06:32:02 · answer #5 · answered by oscarsix5 5 · 0⤊ 1⤋
Why would you NOT pay on your property? That has got to be the worst thing you can do to ruin your credit. That should be the first thing payed every month! the cell phone bill can wait and you don't need a nice fancy car unless you plan on living out of it.
You won't get discharged, you'll be disciplined. Military discipline/discharge should be the least of your worries. You can't do anything or get anywhere with a poor credit score and that effects your future in and out of the military. Set up an allotment so your mortgage/property payments are made as soon as your paycheck is direct depositied. that way you will never have that money to put away and your bill will always be paid.
2007-09-06 06:13:24 · answer #6 · answered by Sean C 5 · 0⤊ 2⤋
Depending on your command - I would bring you up on charges under Article 134 - Debt (dishonorably failing to pay).
Under the specifications referred to as elements you meet the conditions of knowing and constructing a debt you dishonorably failed to pay the debt.
In addition, since you filled in the forms to collect BAH (you had to have a rent/mortgage slip) for the documentation - a hard nose commander could also bring charges of Fraud.
I am surprised that your command was not notified sooner of the failure of payment
According the to the Manual for Courts Martial - the maximum you could receive is a Bad Conduct Discharge (BCD) (translates as a felony), forfeiture of all pay and allowances and up to 6 months in prison. Consider yourself lucky if you don't get anything more than a Field Grade Article 15.
2007-09-06 12:23:03 · answer #7 · answered by andrew.runde@sbcglobal.net 4 · 0⤊ 1⤋
The odds are you won't be discharged dishonorably, but you could. The money you receive for your housing could possibly cause you to face charges within the military branch you serve. In the Navy you could face a captains mast or even a court martial. You might even have to repay the government the money you received.
Think about the end product. You would be homeless and most likely have to move back into the barracks, or back with relatives. You could have to pay back the money and possibly a fine. You could be reduced in pay grade which would mean you pay would go down. Is it worth all that. It will also effect your credit and hurt your chances of purchasing a home later in life.
2007-09-06 05:56:08 · answer #8 · answered by aswkingfish 5 · 1⤊ 2⤋
No. Foreclosure on your house doesn't constitute an offense under the Uniformed Code of Military Justice. If you had sent a check to the lender for the arrears, knowing it wouldn't clear the bank and it bounced, then that's a violation of Article 123(a). A Dishonorable Discharge can only be awarded by conviction of a General Court-Martial.
One thing does disturb me as a retired officer with 25 years of service. Don't they teach anything about the UCMJ in basic training anymore?
2007-09-06 05:56:32 · answer #9 · answered by desertviking_00 7 · 3⤊ 2⤋
You probably won't get discharged. POS's like you get over on the military all the time, while my husband and our family struggle to stick to a budget. More than likely, you'll get counseled, possibly get an article 15 and have to go to finance classes. If you're getting BAH I'm assuming you have dependents, and I think it's crappy that you'd let them suffer so you can save money.
2007-09-06 06:23:41 · answer #10 · answered by Michelle W 3 · 1⤊ 1⤋