How can you remove your spouse from your orders?

SPC Private RallyPoint Member — Wed, 28 Feb 2024 18:12:48 -0500

Current Situation:
My partner is on my orders, we are currently OCONUS; we live in military housing.
My partner wants to move back stateside as there are better opportunities career/future wise.
We are buying a house at his location.

How can I get my spouse off my orders? We’d like to use the BAH to pay toward the mortgage of our new home, and I would move back into the barracks.

Thank you for your time and any help/support provided! God bless!

Response by MAJ Ken Landgren made Feb 28 at 2024 7:26 PM

MAJ Ken Landgren — Wed, 28 Feb 2024 19:26:14 -0500

You will most likely get BAH for your location.

Response by COL Randall C. made Feb 28 at 2024 11:05 PM

COL Randall C. — Wed, 28 Feb 2024 23:05:03 -0500

Short answer up front: Your situation is going to depend on if your partner’s return is “official” or “personal”. You’ll want to read up on the Joint Travel Regulation (JTR)*. The situation you are describing is an “Early Return of Dependents” (ERD).

However, here’s the bottom line for you – if your partner is not an official ERD, then you’re going to shoot yourself in the foot.

Unless you can convince whoever your approval official is (usually will be an O-5+ commanding officer) that it’s in the best interests of the government to pay for your partner’s return to CONUS, you’ll have to pay for the return yourself. The government will only pick up the travel costs for a command sponsored dependent when the service member PCSes or if there are certain situations (going back to the US for employment opportunities isn’t one of them) as spelled out in the JTR (section 050804).

Of all the situations listed, the only one that might be applicable is that “There are compelling personal reasons, such as financial difficulties, marital difficulties, unforeseen family problems, death or serious illness of a close relative, or for reasons of a humanitarian or compassionate nature or other situations which adversely effects the Service member’s performance of duty, and the movement of dependents serves the best interest of the Service member, the dependents, or the Government.”

DoD 7000/14-R, DoD’s Financial management Regulation (FMR) is the “Financial bible” for DoD. Specifically, Volume 7A*, Chapter 26 covers housing allowances and section 10.8 of that chapter addresses ERDs.

If the ERD is “official”, then you’ll receive BAH at the “with dependents” rate wherever your partner is going to be permanently located, starting on the date your partner arrives there. Your eligibility for post housing will terminate when the ERD order was published, and you’ll be moved into unaccompanied housing (UH).

If the ERD is “unofficial”, you will not receive a second housing allowance. You will still retain your eligibility for post housing, but if you terminate your government quarter assignment, then you’ll start collecting OHA at the “with dependents” rate when you terminate your housing.
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* Joint Travel Regulation - https://media.defense.gov/2022/Jan/04/ [login to see] /-1/-1/0/JTR.PDF
* DoD 7000.14-R (DoD’s Financial Management Regulation), Volume 7A - https://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07a.pdf

JTR.PDF

Response by CPT Private RallyPoint Member made Mar 4 at 2024 9:26 PM

CPT Private RallyPoint Member — Mon, 04 Mar 2024 21:26:05 -0500

It is against regulation to draw BAH and live in the barracks. You could find yourself in legal trouble. The only way you can do this if your location is an unaccompanied tour. That means she can't come. In your case it is by choice.

Response by MSG Private RallyPoint Member made Mar 4 at 2024 9:41 PM

MSG Private RallyPoint Member — Mon, 04 Mar 2024 21:41:11 -0500

Getting BAH and live in the barracks? Not gonna happen.