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Is this an issue of law or regulation? Because I have read where it states waiving this would "violate law", but often people confuse laws with regulations.
A law, put out by Congress, state reps, etc, are different that regulations. A law in most cases cannot be waived, a regulation however, can be waived.
Someone mentioned "contract was invalid", which of course is incorrect. An incorrect provision does not invalidate a contract.
The ten years later thing really get sme, because everyone fulfilled their obligation under the contract they signed. It is like the car dealership coming to you ten years later and saying they sold the car too cheap, please pay the difference, or the gov coming to you and saying you sold a car to them for too much, please pay it back, unless they can prove fraud.
The main issue is that the people reenlisted for the bonus, they gave time for the money. The gov can get the money back, but the people cannot get their time back. The gov somehow thinks they should not provide relief to those people, sweep it under the rug and call it all good. These people obligated themselves for a set amount of money, held up their end of the contract, and now the gov is saying (ten years later) "oh, we messed up, we were not allowed to give so much money, we demand the money back." Yet keeps silent about that these people reenlisted due to the bonuses they receive; how is the government going to give back the soldiers' time?
I know the gov knows they screwed up, that is why they tried keeping it on the down low, sending out some letters and that is it. They did not reach out to everyone as a group, and collectively told them the issue. They did not do this because they know that as a group, the soldiers would have resisted and whatever happened would come in their favor.
So I think it comes down to:
1. If it is a regulation that was violated, this can be waived by the DOD. The gov waives regs all of the time.
2. If it is a law, then it needs to go to court as a class action, in which when the dust settles, the soldiers will retain their money, and the gov will have legally solved this issue at a loss of funds, but the loss would be legal. The only way the gov would win if they can prove intent of fraud on the soldiers' part, which given the bonus amount and the timing of the bonuses (reenlistment), I doubt their was any intent of fraud on their part, it is not like they got a million dollars or some unrealistic amount.
The gov doing the actions now puts the entire military at risk, in that when reenlistment time comes, the faith in the gov fulfilling its obligations is loss. I received over $50,000 in bonuses for my reenlistments, so what, should I be worried that tomorrow I receive a letter I need to pay it back? A soldier reenlisting today for $10,000 should be worried the gov will come for it ten years later, after that soldier already did his/her obligation?
In any case, the gov needs to set up some more regs regarding this issue so it does not happen like this again.
Not only is this cheating them beyond despicable; veterans are the 1 group of people I'd be OK with their kind getting affirmative action, especially combat vets with Purple Hearts.
Not only is this cheating them beyond despicable; veterans are the 1 group of people I'd be OK with their kind getting affirmative action, especially combat vets with Purple Hearts.
And they vote for JOHN loser McCain. Sorry but vets gets what they deserve.
You have the right to come on these forums and act ridiculous because of the service of those very people defending your rights. Instead of respecting them - you're trashing them and your character shows.
But.... after reading a couple of the stories - I wonder why some of those people didn't get an inkling that something wasn't right. Some received huge amts of money in a short period of time and usually these promos are pretty specific in amt compensated when signing the paper. These amts they were entitled to should have been spelled out in the contract especially if they seemed to good to be true.
I applaud them for their service and do feel bad for those that got roped into the bogus deal but when something seems to good to be true - a smart person digs a little deeper to find out if it's on the up and up.
You have the right to come on these forums and act ridiculous because of the service of those very people defending your rights. Instead of respecting them - you're trashing them and your character shows.
But.... after reading a couple of the stories - I wonder why some of those people didn't get an inkling that something wasn't right. Some received huge amts of money in a short period of time and usually these promos are pretty specific in amt compensated when signing the paper. These amts they were entitled to should have been spelled out in the contract especially if they seemed to good to be true.
What makes you think it wasn't?
Quote:
I applaud them for their service and do feel bad for those that got roped into the bogus deal but when something seems to good to be true - a smart person digs a little deeper to find out if it's on the up and up.
Exactly how does a smart person go about doing this? Your enlistment is running out and they come to you and offer you $15,000 to re-sign. Why is one going to think that not legit and how do they go about making sure it is?
Exactly how does a smart person go about doing this? Your enlistment is running out and they come to you and offer you $15,000 to re-sign. Why is one going to think that not legit and how do they go about making sure it is?
exactly!
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