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Thread: BAH Rates when husband is PCS without family

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    #1

    BAH Rates when husband is PCS without family

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    Just wanting to know if anyone has any information.....My husband has been a GEO-Bachelor for a year and half and is being moved to Fort Lee (Brac Move) He is going to be a GEO-Bachelor again due to the fact of the the housing crash we can not sell our home in VA. Our BAH rates drop $550.....ouch!! My questions is we were told there is a way to keep old PCS BAH rates due to the fact it is a Brac move and the only reason we are not moving with him is because we can not sell our home....I know it is out there because I have read comments on other forms but no one give information on what to do..My husband checked in yesterday and the admin office wasn't sure.....So frustrating....
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    it is very rare that the will let you keep the BAH rate at the old location for this reason.

    it can be approved for medical reasons - but I have never seen it approved because a house does not sell.

    however have you checked into the Housing assistance program? if you bought your home before july 2006 there may be assistance- if the home was located at the BRAC location there could be help there too- but from the way you wrote he is at the base they are closing not you.
    here is the link: Homeowners' Assistance Program - Department of Defense
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    #4
    Quote Originally Posted by gunsgirl View Post
    it is very rare that the will let you keep the BAH rate at the old location for this reason.

    it can be approved for medical reasons - but I have never seen it approved because a house does not sell.

    however have you checked into the Housing assistance program? if you bought your home before july 2006 there may be assistance- if the home was located at the BRAC location there could be help there too- but from the way you wrote he is at the base they are closing not you.
    here is the link: Homeowners' Assistance Program - Department of Defense
    Yeah, I remember one lady asking about this a year or two back.
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    That is correct...He was at a base that the Brac move is taking place, we are still in the Quantico area. When you google BAH waivers (and spend a hour trying to weed through everything) there is a section in there about waivers could be granted due the fact you bought a house based on the BAH you were getting then you were PCS's to a lower BAH rate and family is currently still living there. I had never heard of this so I was wondering if any else had. Someone my DH works with was telling him about it but no one seems to have answers, his new admin is looking into it but how much to they care it isn't their money.....I have to try anything because with the huge drop I am not sure how we are going to do it.... And NO we don't qualify for the Housing Assistance Program because we bought in Dec 06....urrrggggg and house is OVER $100,000 in the hole from the housing drop.....Just feel like we hit a road block everywhere we turn....
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    unfortunately this rule does not exsist and there is no exception- if this would be the case then ALL the families who are stuck in the same boat would be getting the higher BAH-

    here are the rules and exceptions from the JFTR- the official place for BAH rules:

    B. Location Rate
    . Ordinarily a housing allowance is paid based on the member’s PDS, or the home port for a
    member assigned to a ship or afloat unit. However, the Service may determine that a member’s assignment to a
    PDS or the circumstances of that assignment requires the dependent to reside separately. The Secretary Concerned
    or the Secretarial Process, at Service discretion, may authorize/approve a housing allowance based on the
    dependent’s location or old PDS.
    1. Low/No Cost Moves
    . A Service may pay BAH or OHA based on the old PDS rate in situations involving
    low/no cost moves and for situations in which the member and dependent are residing separately. The
    Secretarial Process determines if it is inequitable to pay BAH or OHA based on the new PDS. When a member
    is ordered on a PCS between PDSs located in proximity and, at the new PDS, the member continues to
    commute from the residence occupied while at the old PDS, OHA or BAH continues for the time between the
    member’s detachment from the old PDS and reporting to the new PDS, unless otherwise prohibited in this
    Chapter. A member ordered on PCS with TDY en route is authorized OHA or BAH during that period, see par.
    U10416. If a member is reassigned under the conditions of a low-cost or no-cost PCS and not authorized a
    HHG move, OHA or BAH is based on the rate for the old PDS if:
    a. Requested by the member, and
    b. The Secretarial Process determines that it would be inequitable to base the allowance on the housing
    cost in the new PDS area to which the member is reassigned.
    2. Unaccompanied/Dependent Restricted OCONUS Assignments
    Ch 10: Housing Allowances
    Part E: Assignment Situations/Section 2: Mbr with Dep
    U10402
    Table U10E-2
    Change 270 U10E2-2
    6/1/09
    a. Effective 1 July 2001, BAH or OHA is based on the old PDS in a situation in which the member is
    making a PCS to a dependent restricted/unaccompanied OCONUS assignment and the dependent remains
    at the member’s old PDS. See Table U10E-6, rules 1 and 2.
    b. If the dependent of a member, assigned to an unaccompanied tour, moves to a designated place, the
    member is authorized BAH/OHA based on the dependent’s location. Payment based on the old PDS is
    not authorized.
    3. Member Assigned to Duty Aboard a Ship or Other Afloat Unit
    . A member with dependent assigned to duty
    aboard a ship or other afloat unit is authorized a with-dependent allowance when supported by a statement of
    the member's commanding officer, or an officer designated by the commanding officer for that purpose, that the
    dependent has established a residence at or in the home port vicinity. The applicable with-dependent allowance
    is payable in such cases even though the member is being quartered in kind aboard ship or with the member's
    afloat unit. The rate payable is the rate applicable to the ship’s or afloat unit’s home port.
    4. Home Port Changes
    . Change the housing allowance to the new home port rate on the home port change
    effective date prescribed by the Service, if a member:
    a. Is currently assigned to a ship or other afloat unit with an announced home port change, or
    b. Is in receipt of a PCS authorization/order to a ship or other afloat unit with an announced home port
    change, and
    c. The dependent is authorized travel to the new home port.
    5. Examples of Location Rate Changes Routinely Authorized/Approved
    : The member is:
    a. Assigned to a PDS in an area at which sufficient housing quantities do not exist;
    b. Assigned to unusually arduous sea duty and the dependents reside at or relocate to a designated place in
    the U.S.;
    c. Assigned or is in receipt of a PCS authorization/order to a ship entering overhaul involving a home port
    change and dependents are not relocated incident to the home port change;
    d. In receipt of a PCS authorization/order to a unit with a promulgated change of home port and
    dependents relocate to the announced home port (or designated place in the U.S. if appropriate) before the
    effective date of the home port change;
    e. Disadvantaged as a result of reassignment for reasons of improving mission capability and readiness of
    the unit, in receipt of a PCS authorization/order between PDSs located in the same proximity, and
    disallowed HHG movement. See par. U5355. The Secretarial Process must issue a determination that a
    decision to implement this policy is in the interest of correcting an inequity incurred due to movement of
    the individual for purposes of improving mission capability and unit readiness;
    f. Assigned to ITDY, or TDY pending further orders; or
    g. Assigned to a Professional Military Education (PME) or training course that is scheduled for a duration
    of one year or less.
    6. Other Circumstances. The Secretary Concerned may determine that circumstances, not listed in pars.
    U10402-B5a through U10402-B5g, require the dependent(s) to reside separately and authorize/approve a
    housing allowance payment based on either the dependent’s location or the old PDS. The Secretary Concerned
    may determine an additional reason for a BAH waiver is acceptable and the Secretarial Process may then be
    used to authorize/approve individual cases based on that determination.

    HTH's
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    Dawn, I was thinking the same thing is how can that be true because everyone would be trying that...but I read it somewhere...I will try to find it and copy it to see what you all think it says/means. I really think it is to good to be true also!! When I read the Directive again it looks like you can do it if you aren't authorized a move? Which he is... What makes matters worse it that we can't afford to rent anywhere for him because of the huge drop in pay so he is living at home and driving 3 hours around trip right now. So in others words he is still living here but not getting paid for it..
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    Quote Originally Posted by djarms1 View Post
    Dawn, I was thinking the same thing is how can that be true because everyone would be trying that...but I read it somewhere...I will try to find it and copy it to see what you all think it says/means. I really think it is to good to be true also!!
    great! I would love to see it!!
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    When I read the Directive again it looks like you can do it if you aren't authorized a move? Which he is..... #4

    Encl: (1) BAH Entitlements for Members Receiving BAH due to a
    Requirement to make Child Support Payments
    (2) BAH Entitlements for Single Shipboard Sailors (E-5
    and Below)
    (3) BAH Entitlements for Shipboard Dual Military
    Couples E-5 and Below with No Other Dependents
    (4) Validation of BAH Entitlements at Dependents'
    Location, Other Than The Permanent Duty Station


    4. Definitions
    a. Inequity. A situation in which a member makes a housing
    decision based on a BAH rate at a duty station to which the
    member was permanently transferred, and the member is later
    disadvantaged by receiving a lower BAH rate associated with the
    new duty station despite not being authorized relocation of
    residence at government expense (A subsequent reduction of BAH
    due to orders returning one to a previous duty station does not
    constitute and inequity) .

    If I am reading it right it is for moves that the government won't pay for???? Which not really sure what that would be.....if it were that close none of this would be a issue...LOL
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    Quote Originally Posted by djarms1 View Post
    When I read the Directive again it looks like you can do it if you aren't authorized a move? Which he is..... #4

    Encl: (1) BAH Entitlements for Members Receiving BAH due to a
    Requirement to make Child Support Payments
    (2) BAH Entitlements for Single Shipboard Sailors (E-5
    and Below)
    (3) BAH Entitlements for Shipboard Dual Military
    Couples E-5 and Below with No Other Dependents
    (4) Validation of BAH Entitlements at Dependents'
    Location, Other Than The Permanent Duty Station


    4. Definitions
    a. Inequity. A situation in which a member makes a housing
    decision based on a BAH rate at a duty station to which the
    member was permanently transferred, and the member is later
    disadvantaged by receiving a lower BAH rate associated with the
    new duty station despite not being authorized relocation of
    residence at government expense (A subsequent reduction of BAH
    due to orders returning one to a previous duty station does not
    constitute and inequity) .

    If I am reading it right it is for moves that the government won't pay for???? Which not really sure what that would be.....if it were that close none of this would be a issue...LOL
    I found your source- this is 5 yrs old- written in may of 2005. it is old and outdated, the post I made was from the JFTR which maintains all the information and changes.

    for the current information- go here
    http://www.defensetravel.dod.mil/per...tr(ch1-10).pdf
    chapter 10.
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