Posted on Oct 14, 2020
Can my command keep me from moving out of the barracks until my new spouse moves to my duty station?
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I recently got married and all the paperwork is done for me to get BAH. My spouse is currently not in the States and she will be arriving in the next couple of months. My command team do not want me to move out of the barracks because she isnt here yet. Are they right? We are legally married and she will be here shortly so cant I move to a house? I want to get all the furniture and stuff set up so when she arrives it'll all be good to go. Anything will help, thank you!
BAH
Fort Drum
Marriage
Barracks
Posted 4 y ago
Responses: 8
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As long as you are not MACP you can move out. MACP have extra rules and circumstances. You must apply for BAH and when you receive BAH you are not longer eligible to remain in the barracks. If your 1SG somehow makes you stay in the barracks then cou r your lucky stars that you are pocketing free BAH every month you are not in housing.
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MAJ Byron Oyler
Would you recommend he get it on paper that the unit that is making him live in the barracks understands he is drawing BAH while they require him in the barracks?
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SFC (Join to see)
MAJ Byron Oyler no because they won't recoup the BAH if he's living in the barracks. DFAS doesn't have a rule preventing you from getting BAH. The barracks program has a policy that Soldiers with BAH can't live in the barracks. So what will happen is that about 30 days after his BAH starts the barracks program managers will kick him out.
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Just stay patient. Common sense prevails. Once you have received BAH or have a BAH payment pending the Barracks Managers will move to have you pulled from the Barracks. That will be outside of the 1st Sgts scope. He can't stop policy. Just be patient. It won't take long for it to shake out.
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If you are receiving BAH, you are not authorized to live in the barracks. If you are not receiving BAH, then a unit can require a Soldier to maintain his or her living area in the barracks. Like I tell every Soldier, it is ALWAYS BEST to contact JAG regarding legal questions and not to listen to "barracks lawyers" nor "Rally Point" lawyers.
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