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I. Introduction
Private Snuffy is twenty years old. He has completed almost half of his four year enlistment. He is a good Soldier: he shows up on time, does his job well, and gets along with others. During the past two years he purchased an expensive stereo, a video game system, a fancy digital camera, a state-of-the-art computer, and a pile of DVDs and video games-all on credit. He bought a used sports car three months ago, financed at a high interest rate. He also has several credit cards, all of which he maxed out. He makes minimum monthly payments on all of these debts.
Last month, Snuffy's commander began to receive phone calls from several of Snuffy's creditors. Each of these creditors complained that Snuffy was behind on his payments, and each disclosed detailed information about Snuffy's financial history and requested help with collections. The commander ordered Snuffy to start making payments immediately or face action under the Uniform Code of Military Justice (UCMJ). Snuffy saw a legal assistance attorney for help. After a brief meeting, the legal assistance attorney called the commander and explained that the commander had no authority to interfere in Snuffy 's private financial matters, especially considering that Snuffy was a good Soldier and his financial affairs were not affecting his job performance or the unit's mission. The commander then called the trial counsel for guidance, who affirmed the Army's position that Soldiers need to pay their debts promptly. The trial counsel, however, then cautioned that the Army had no legal authority to require Snuffy to actually pay a private debt, nor could the Army divert any part of his pay to satisfy a commercial debt, even for a creditor who had obtained a judgment from a civil court. The trial counsel did say a creditor with a civil judgment could seek an involuntary allotment against Snuffy, but he was not sure how that program worked. The trial counsel also commented on various federal and state consumer protection laws, which appeared to limit what the commander could do, and then referred the commander to Army Regulation 600-15, Indebtedness of Military Personnel,^ for more information.
Unsure of what to do next-but determined to do the right thing-the commander reviewed AR...