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A member who elects to contest the involuntary allotment may do so for a number of reasons. Regardless of the reason for contesting, the member must provide evidence to the commander of the basis for the contention. In all but one instance, the commander will forward the evidence to DFAS for a final determination of whether or not the allotment can be established.
If the member contests the allotment on the basis of exigencies of military duty, the commander must determine if exigencies of military duty (as defined in 32 C.F.R. Part 112.3(d)) prevented the member from appearing during the judicial proceeding that resulted in the judgment upon which the application is based. See 32 C.F.R. Part 113.6(b)(2)(D)(iii)(D)(2).
The commander's decision on this issue is binding on us. If the commander finds exigencies of military duty to be a valid defense, he or she will indicate as such on the DD Form 2654 and return it to us. Upon receipt, we will forward the completed DD Form 2654 to the creditor stating that we cannot process the application. Within 60 days of our mailing this notification, a creditor may appeal this decision to the appellate authority, which the commander would list on the returned DD Form 2654.
Once the commander returns the completed DD Form 2654 to us, we will make a final review of the packet to determine if the member has made a valid defense to the involuntary allotment. For those cases where we determine that the member has not raised a valid defense, we will start the payments within 30 days. In cases where we determine that a valid defense was raised, we will notify the creditor that we cannot start the allotment. We will forward a copy of the member's response and documentation that raises a valid defense to the creditor.
Updated: April 3, 2011