Dd Form 2654 – Fill Out and Use This PDF

INVOLUNTARY ALLOTM ENT NOTICE AND PROCESSING

PRIVACY ACT STATEM ENT

AUTHORITY: 5 USC 5520a, EO 9397.

PRINCIPAL PURPOSE(S): To not if y a member of t he Armed Services or t he Coast Guard of an involunt ary allot ment applicat ion against t he member' s disposable pay; to provide the member an opportunity to respond to the involuntary allotment applicat ion; and to provide for

act ion by t he member' s commander t o f orw ard t he member' s response t o t he Def ense Finance and Account ing Service (or t he Coast Guard Pay and Personnel Cent er) and, as appropriat e, t o make det erminat ions concerning exigencies of milit ary dut y; and t o provide for appeals of exigency det erminat ions.

ROUTINE USE(S): None.

DISCLOSURE: Volunt ary; how ever, failure to provide a response may result in the involuntary allotment of t he member' s disposable pay.

INSTRUCTIONS

1. These inst ruct ions govern not ice and processing of an applicat ion f or an involunt ary allot ment f rom t he pay of a member of the Armed Forces or the Coast Guard under 5 USC 5520a.

2. Sect ion I, it em 1 is t o be complet ed by t he designat ed Def ense Finance and Account ing Service (DFAS) (or Coast Guard Pay and Personnel Cent er) represent at ive. Af t er complet ing t his sect ion, t he represent at ive w ill mail t he f orm, along w it h t w o copies of t he

DD Form 2653, " Involunt ary Allot ment Applicat ion" and associat ed paperw ork, t o t he commander of t he member ident if ied, and one copy t o t he member.

3. Upon receipt , t he commander w ill det ermine if t he member ident if ied in Sect ion I is in his or her unit . If t he member is no longer assigned or available, or, after receiving t he notice required by Section III, requests an ext ension to respond that is granted, t he commander w ill complet e Sect ion II. If t he member is no longer available under Sect ion II, it em 3, t he commander w ill ret urn t he ent ire f orm and applicat ion package t o DFAS (or t he Coast Guard Pay and Personnel Cent er); if an ext ension is aut horized under Sect ion II, it em 4, t hat w ill cause t he member' s response t o be received by DFAS (or t he Coast Guard Pay and Personnel Cent er) lat er t han t he dat e t he response is due, t hen t he commander must immediat ely provide a copy of Sect ions I and II t o DFAS (or t he Coast Guard Pay and Personnel Center). The address f or mailing is: " DFAS, Cleveland Cent er, Code L, PO Box 998002, Cleveland, OH 44199-8002" (or ot her address as specif ied by DFAS). For t he Coast Guard, t he address is: " Coast Guard Pay and Personnel Cent er (LGL), 444 S.E. Quincy St reet , Topeka, KS 66683-3591." If t he member is assigned, t he commander w ill provide t he member a complet e copy of

DD Form 2653, " Involunt ary Allot ment Applicat ion," and counsel t he member in accordance w it h Sect ion III, it ems 7a - g.

4. Af t er counseling, t he commander w ill complet e Sect ion III, it em 8, and t he member w ill complet e Sect ion III, it em 9. The commander

w ill t hen make and ret ain one copy of t he f orm w it h Sect ion III complet ed. Af t er obt aining a copy, t he commander w ill provide t he member t he signed original and advise t he member t o complet e Sect ion IV prior t o t he dat e t he commander specif ies t hat t he member' s response is due.

5. The member w ill complet e Sect ion IV and ret urn t he original f orm and accompanying evidence or addit ional mat t ers, if any, to t he commander on or bef ore t he due dat e as specif ied by t he commander.

6. Follow ing receipt of t he member' s response, t he commander w ill complet e Sect ion V and f orw ard t he original f orm, t o include any addit ional evidence or ot her mat t ers f rom t he member, t o DFAS (or t he Coast Guard Pay and Personnel Cent er) at t he address listed in paragraph 3 above. Not e, if t he member f ails t o respond by t he due dat e, t he commander w ill complet e Sect ion V on a copy of t he

DDForm 2654 previously ret ained in accordance w it h t he inst ruct ions in paragraph 4 above, and f orw ard t he f orm t o DFAS (or t he Coast Guard Pay and Personnel Cent er).

7. Wit hin 5 w orking days f rom t he dat e of f orw arding t o DFAS (or t he Coast Guard Pay and Personnel Cent er), t he commander w ill provide t he member a copy of t he complet ed DD Form 2654.

SECTION I - NOTIFICATION OF APPLICATION FOR INVOLUNTARY ALLOTM ENT

1 . M EM BER IDENTIFICATION

A. NAM E (Last , First , Middle Init ial)	B. SSN	C. RANK	D. BRANCH OF SERVICE

2 . DATE RESPONSE DUE (YYYYMMDD) (If not received by t his dat e, an involunt ary allot ment may be aut omat ically processed.)

SECTION II - COM M ANDER' S DETERM INATION OF M EM BER' S AVAILABILITY AND EXTENSIONS TO RESPOND

3 . M EM BER AVAILABILITY

On

(dat e - YYYYMMDD), I received t his f orm and an applicat ion f or an involunt ary allot ment f rom t he pay

of t he member ident if ied. The above named member is not available f or purposes of processing an involunt ary allot ment because t he member is as indicat ed below . Of f icial document at ion support ing t his det erminat ion is at t ached.

a.Ret ired (Including placement on t he Temporary or Permanent Disabled Ret ired List ).

b.In a prisoner of w ar st at us.

c.In a missing in act ion st at us.

d.Not assigned or at t ached t o t his unit or organizat ion.

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PREVIOUS EDITION IS OBSOLETE.

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SECTION II (Cont inued)

4 . EXTENSION

5 . REM ARKS

6 . COM M ANDER OR DESIGNEE

A. SIGNATURE	B. SIGNATURE BLOCK	C. DATE SIGNED (YYYYM M DD)

SECTION III - NOTICE TO M EM BER BY COM M ANDER OR AUTHORIZED DESIGNEE

7 . NOTICE

You are hereby not if ied t hat an applicat ion f or t he est ablishment of an involunt ary allot ment f or t he lesser of 25% of your pay subject t o involunt ary allot ment or t he maximum percent age of pay subject t o garnishment proceedings under t he applicable st at e law has been received. Along w it h t his not ice, I am providing you a copy of t he ent ire applicat ion package.

Addit ionally, you are not if ied t hat :

a.You must respond w it hin 15 calendar days f rom t he dat e of t his not if icat ion by eit her consent ing t o t he involunt ary allot ment or cont est ing it . For good cause show n, I may grant an ext ension of reasonable t ime (normally not exceeding 30 calendar days, except during t imes of deployment , w ar, nat ional emergency, or ot her similar sit uat ions) t o submit a response. Addit ionally, if you f ail t o respond w it hin t he specif ied dat e (or any approved ext ended dat e), your f ailure t o respond w ill be indicat ed in Sect ion V of t his f orm, w hich w ill t hen be sent back t o t he designat ed Def ense Finance and Account ing Service (DFAS) (or Coast Guard Pay and Personnel Cent er) of f icial f or appropriat e act ion.

b.You may cont est t his applicat ion f or any of t he reasons described in Sect ion IV of t his f orm.

c.If you cont est t he applicat ion, you must provide evidence (document ary or ot herw ise) support ing your reasons f or

cont est ing t he applicat ion. Any evidence you submit may be disclosed t o t he applicant f or t his involunt ary allot ment .

d.You may, if reasonably available, consult w it h a legal assist ance at t orney, or a civilian at t orney at no expense t o t he government . If a legal assist ance at t orney is available, you should immediat ely arrange f or an appoint ment . If a legal

assist ance at t orney is not available, you may request a reasonable delay t o enable you t o obt ain legal assist ance. If you have

f ailed t o exercise due diligence in seeking assist ance, I w ill deny a request f or delay.

e. If you cont est t he involunt ary allot ment on t he grounds t hat exigencies of milit ary dut y caused your absence f rom an appearance at t he judicial proceeding at w hich t he judgment w as rendered, t hen I w ill review and make t he f inal det erminat ion on t his cont ent ion. My decision w ill be ref lect ed in Sect ion V of t his f orm w hich w ill be f orw arded t o t he designat ed DFAS (or Coast Guard Pay and Personnel Cent er) of f icial f or appropriat e act ion. I w ill consider t he f ollow ing w hen making t his

det erminat ion:

(1)That exigencies of milit ary dut y are def ined as " a milit ary assignment or mission essent ial dut y t hat , because of it s urgency, import ance, durat ion, locat ion, or isolat ion, necessit at es t he absence of a member of t he milit ary services f rom appearance at a judicial proceeding. Absence f rom an appearance in a judicial proceeding is normally presumed t o be caused by exigencies of milit ary dut y during periods of w ar, nat ional emergency, or w hen t he member is deployed."

(2)Whet her t he milit ary dut ies in quest ion w ere of such paramount import ance t hat t hey prevent ed making you available t o at t end t he judicial proceedings, or rendered you unable t o t imely respond t o process, mot ions, pleadings, or orders of t he court .

f . If you cont est t he involunt ary allot ment on any basis ot her t han exigencies of milit ary dut y, you must ret urn t his f orm and your response t o me. This f orm, t he applicat ion package, and your response w ill t hen be ret urned t o t he designat ed DFAS (or Coast Guard Pay and Personnel Cent er) of f icial w ho w ill consider your response and det ermine w het her t o est ablish t he involunt ary allot ment . The designat ed DFAS (or Coast Guard Pay and Personnel Cent er) of f icial has decision aut horit y on all issues ot her t han exigencies of milit ary dut y.

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SECTION III (Cont inued)

g.If you f ail t o respond t o me w it hin t he t ime period specif ied (including any ext ensions aut horized by me), I shall indicat e your f ailure t o respond in Sect ion V of t his f orm, and mail t his f orm and t he applicat ion package back t o t he designat ed DFAS (or Coast Guard Pay and Personnel Cent er) of f icial f or appropriat e act ion.

8 . COM M ANDER OR DESIGNEE

9 . M EM BER ACKNOWLEDGM ENT

I hereby acknow ledge t hat t he commander or his or her designee has counseled me in accordance w it h Sect ion III of t his f orm; t hat I am being given an opport unit y t o review t his f orm and t he applicat ion package; I may seek legal assist ance prior t o responding; I have received a copy of DD Form 2653 and t he ent ire applicat ion package f or t his involunt ary allot ment ; and t hat I must complet e Sect ion IV of t his f orm and ret urn t he f orm t o my commander.

SECTION IV - M EM BER RESPONSE

1 0 . M EM BER WILL INITIAL IN THE APPROPRIATE SPACE(S):

a. I acknow ledge t hat t his is a valid judgment and consent t o t he est ablishment of an involunt ary allot ment .

b. I cont est t his Involunt ary Allot ment Applicat ion f or t he f ollow ing reasons (If cont est ing, you must explain t he reason in

it em 11, " Remarks," and provide appropriat e evidence t o support t he reason.):

(1)	That my right s under t he Soldiers' and Sailors' Civil Relief Act w ere not complied w it h during t he judicial
proceeding upon w hich t his applicat ion is based.
(2)	That exigencies of milit ary dut y caused my absence f rom appearance in a judicial proceeding f orming t he
basis f or t he judgment upon w hich t his applicat ion is sought .
(3)	That inf ormat ion cont ained in t he applicat ion is f alse or erroneous in mat erial part .
(4)	The judgment has been f ully sat isf ied, superseded, or set aside.
(5)	The judgment has been mat erially amended, or part ially sat isf ied. (Provide evidence of t he amount sat isf ied and
t he amount w hich remains in ef f ect .)
(6)	There is a legal impediment t o t he est ablishment of t he involunt ary allot ment . (For example, t he judgment debt
has been discharged in bankrupt cy, or you have f iled f or prot ect ion f rom t he credit or(s) under t he bankrupt cy law s of t he
Unit ed St at es, or t he applicant is not t he judgment credit or or a proper successor in int erest t o t he credit or.)
1 1 . REM ARKS (Use addit ional sheet s if necessary.)

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SECTION V - COM M ANDER' S ACTION AND DETERM INATIONS

1 3 . COM M ANDER OR DESIGNEE WILL INITIAL IN THE APPROPRIATE SPACE:

a.The member has complet ed Sect ion IV of t his f orm and t he member' s response (t o include any addit ional submissions) is hereby f orw arded f or appropriat e act ion.

b. The member ref used t o respond by t he aut horized suspense dat e and t his f orm is hereby ret urned w it hout Sect ion IV complet ed by t he member.

1 4 . COM PLETE ONLY IF THE M EM BER ASSERTED "EXIGENCIES OF M ILITARY DUTY" AS REASON FOR CONTESTING THE INVOLUNTARY ALLOTM ENT APPLICATION (Init ial in t he appropriat e space)

a.Exigencies of milit ary dut y DID NOT CAUSE t he absence of t he member f rom an appearance in t he judicial proceeding upon w hich t his Involunt ary Allot ment Applicat ion is sought .

b.Exigencies of milit ary dut y CAUSED t he absence of t he member f rom an appearance in t he judicial proceeding upon

which t his applicat ion f or involunt ary allot ment is sought . Exigency exist ed due t o:

(X as applicable and explain in it em 15, " Remarks." )

1 5 . REM ARKS

NOTE: Commander must provide member a copy of t his f orm w it hin 5 days of mailing t o t he designat ed DFAS (or Coast Guard Pay and Personnel Center) official.

1 6 . IF THE APPLICANT CHOOSES TO APPEAL M Y EXIGENCY DETERM INATION, THE APPEAL M UST BE SENT TO:

A. TITLE OF APPEAL AUTHORITY

1 7 . COM M ANDER OR DESIGNEE

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