My BAH was lowered while I'm in AIT and my wife resides in another state, help!

2015-11-04T15:57:04-05:00

Hey Soldiers,

So I'm currently at Ft Gordon, GA for AIT on my 3rd week. I'm here for 25b IT Specialist(22 weeks), I'm married, no children and my spouse is currently in CA. The VHA zip code on my LES changed from CA(where my wife currently resides, working, with a 1-year lease) to here in Augusta, GA. I met with the NG Liaison and he said there was a policy that came out a few months ago that states if a Soldier in training's MOS is 20 weeks or longer, the zip code changes to where the soldier is currently at. Doesn't make any sense to me since it won't cover my rent alone. From LA to Augusta, the rate difference is huge. He said all I can do is file a complaint. He told me to google NGB and read up on it but I haven't seen anything about it. As far as I know speaking to other NCOs here that it shouldn't be like that. I should be receiving the rate based on where my spouse is residing. Is the liaison just jerking my chain?

I'm making an appt with my S1(Finance) to see if he can help. Should I go to JAG?

WHAT ELSE CAN I DO?

Thank you

Response by SGT Private RallyPoint Member made Nov 4 at 2015 4:00 PM

2015-11-04T16:00:30-05:00

Talk to finance they are the sme on this and can give you the correct guidance according to policy

Response by SFC Private RallyPoint Member made Nov 4 at 2015 4:08 PM

2015-11-04T16:08:20-05:00

Go to the Finance Office.

Response by SFC Private RallyPoint Member made Nov 4 at 2015 4:11 PM

2015-11-04T16:11:35-05:00

You can also go to Army Emergency Relief. They may be able to give you a grant or interest free loan to make up the difference in rent while you are working this out with finance

Response by MSG Private RallyPoint Member made Nov 4 at 2015 4:19 PM

2015-11-04T16:19:10-05:00

finance office. stat and pronto.

Response by SSgt Private RallyPoint Member made Nov 4 at 2015 4:36 PM

2015-11-04T16:36:26-05:00

Not sure about the NG or the Army for that matter; but know for the Air Force BAH is determined based on your dependents location. As others have said, go to finance ASAP. No one is going to know the answer to this better than them. If the person you speak to there doesn't appear confident about it, ask for their supervisor, or even better, ask them to show you the regulation on it.

I wouldn't bother JAG with it unless it can be proven that the BAH should be for her location and they refuse to fix it and backpay you.

I would also suggest getting your first sgt involved, especially because it is causing a financial hardship for you. He/she MIGHT be able to do something to help you out, at least temporarily. See finance first though to be sure you have correct information to keep you from making a bad impression.

Response by SGT Private RallyPoint Member made Nov 4 at 2015 5:56 PM

2015-11-04T17:56:41-05:00

The only individuals that can help you hash this out is finance.

Response by SFC Joe S. Davis Jr., MSM, DSL made Nov 4 at 2015 6:42 PM

2015-11-04T18:42:39-05:00

PFC Private RallyPoint Member start with your chain of command and do a pay inquire to S-1

Response by PFC Private RallyPoint Member made Nov 4 at 2015 6:56 PM

2015-11-04T18:56:15-05:00

Thank you all! Will talk to my Plt Sgt to make an appt with my S1, will keep you guys updated

Response by SPC Todd Hanson made Nov 4 at 2015 8:12 PM

2015-11-04T20:12:08-05:00

I am finance, and if it's the policy then you can request a waiver thru the COC.

Response by SFC Derahn Thornton made Nov 4 at 2015 8:27 PM

2015-11-04T20:27:02-05:00

I'm willing to bet the reason why it changed because if your AIT is 5-6 months, its a PCS move. Which should not apply to you as an IET soldier However, go to Finance....

Response by CPL Private RallyPoint Member made Nov 4 at 2015 8:53 PM

2015-11-04T20:53:38-05:00

Get squared away with your chain of command first..so they are trackin with whats going on..then go to finance..somethings will require your CoC help..finance can be troublesome at times

Response by 2LT Earl Dean made Nov 4 at 2015 10:27 PM

2015-11-04T22:27:07-05:00

Dear PFC: Back in the day we had a choice of living on or off the base. If you used your head you stayed a the barracks and lived on uncle SAM. Save $100 out of your pay and send the rest home so she can live! I think your friend is right they pay the going rate where you are not her! Get a lawyer and find out about soldiers and sailors relief act. Good luck!

Response by CPT Private RallyPoint Member made Nov 5 at 2015 12:43 AM

2015-11-05T00:43:49-05:00

I will tell you that I have never heard of such a thing. Being in the National Guard means that we belong to our state. I have never seen a soldier in the National Guard have them happen to them. I was at Benning for 4 months for my Infantry Officer Course and then went home for a month and came right back for about 4 months for some other schools. Nothing ever happened to my BAH. What did happen to me once while I was in Ranger School is that Fort Benning thought I was active duty and screwed up my pay. I was put on Jump Status while at Ranger. I am Airborne Qualified but I am not in an Airborne Unit in the National Guard. So Benning cut my Hazard duty orders but didn't pay me for my time on them. They didn't realize I was National Guard. If I was active duty it would have been automatic but they didn't check that I was Guard and I lost out on about 400 bucks. I did get it fixed later but it took a while.

Response by SSG Private RallyPoint Member made Nov 5 at 2015 12:53 AM

2015-11-05T00:53:46-05:00

What does you order states? Is it PCS, TCS? All the pertinent information is there. Are you on Title 32 or 10 orders? Feel free to message me.

Response by CPT Private RallyPoint Member made Nov 5 at 2015 8:33 AM

2015-11-05T08:33:21-05:00

Agreed finance office.

Response by SSG Jason Penn made Nov 5 at 2015 7:44 PM

2015-11-05T19:44:22-05:00

I've been retired for 3 1/2 years and it looks like things haven't changed. I was stationed at FT Gordon and received orders to PCS to Ft Stewart in order to deploy to Iraq. Since my wife didn't know anyone at Stewart, she stayed at Gordon while I was deployed. The change in station dropped my BAH by almost $200. I found out that the BAH is for the dependents, not the Soldier, but is based of the Soldier's duty location, not the dependent's residence. So, Soldiers who have residence in Georgia, but are stationed in Cali make a killing, while the Soldiers in the reverse are being punished. Seems to me that the system is broken and well past due to be fixed.

Response by MSG Private RallyPoint Member made Nov 5 at 2015 8:44 PM

2015-11-05T20:44:57-05:00

There is a memo that finance can create to justify why your BAH should remain at your home of record. Talk to your S1 and inquire if that can be done in your case.

Response by LTC(P) Private RallyPoint Member made Nov 6 at 2015 1:27 PM

2015-11-06T13:27:07-05:00

You should ask your unit S1, but also make sure you are talking to the right finance people. At Ft. Benning where I just left there was a different finance section for reserve component soldiers, the rules are different for us in certain circumstances.

Response by SGT Private RallyPoint Member made Nov 9 at 2015 4:39 PM

2015-11-09T16:39:24-05:00

So it looks like you've gotten plenty of direction on who to talk to. (To be honest I only scanned through comments) I just wanted to let you know WHY this is happening...
Since your AIT is slotted for 22 weeks your spouse is technically allowed to pcs to ft Gordon with you ( cut-off is 21 weeks).

Response by MAJ Ken Landgren made Nov 9 at 2015 5:00 PM

2015-11-09T17:00:12-05:00

In 21 years I have never seen AIT as a PCS move. That is just stupid. Maybe Finance arrived you improperly.

Response by SSgt Private RallyPoint Member made Nov 10 at 2015 5:14 AM

2015-11-10T05:14:15-05:00

Talk to finance. That being said this right here is why you have a 3-6 month emergency fund

Response by SSG Private RallyPoint Member made Nov 10 at 2015 6:19 AM

2015-11-10T06:19:51-05:00

PFC Villa, it doesn't make sense and if this happened to my Soldiers, I would have them go to S1, MPD or Finance directly about this. The BAH that draw is supposed to go off where you resided BEFORE you joined the Army as a new Soldier.

Response by MSG Private RallyPoint Member made Nov 10 at 2015 6:51 AM

2015-11-10T06:51:20-05:00

I was the Senior USAR Liaison at Ft Gordon for 3 1/2 years (left 2 years ago to go to Ft Bragg). Ask to see the new policy in writing, so you can read up on it. AER won't lend money to USAR or ARNG Soldiers, because they're not on active duty long enough to pay it back. Good luck! MSG Anders

Response by LTC Private RallyPoint Member made Nov 10 at 2015 7:25 AM

2015-11-10T07:25:08-05:00

Good luck. I hope this issue will get resolved quickly.

Response by SGT William Howell made Nov 10 at 2015 7:46 AM

2015-11-10T07:46:46-05:00

PFC Private RallyPoint Member I don't have any input on this other than thank you for reaching out. This was what RP was made for. I am sure that you will get some great advice. Just wanted to give you a "Well Done". Good luck getting it fixed.

Response by SGT Private RallyPoint Member made Nov 10 at 2015 8:00 AM

2015-11-10T08:00:54-05:00

My little brother just dealt with the same thing where his BAH was lowered to less than $4.00. It took him a month or so to get it corrected through S1 and JAG, but also by calling his home unit and reporting it that way. As well your spouse can go talk to the FRG to see if they can help you out in the mean time. Good luck and god speed. SIGNAL CORPS HOOAH!!!

Response by A1C Private RallyPoint Member made Nov 10 at 2015 8:34 AM

2015-11-10T08:34:09-05:00

He's bullshiting you bah is for your spouse not you if your ait orders say unaccompanied then you should be receiving bah for where she currently resides

Response by MSG Private RallyPoint Member made Nov 10 at 2015 8:35 AM

2015-11-10T08:35:57-05:00

Go to the IG

Response by SSgt Private RallyPoint Member made Nov 10 at 2015 8:38 AM

2015-11-10T08:38:16-05:00

I had a similar situation 2 years ago and had to apply for a BAH waiver. It did not help me immediately, since it took 10 months to get approved. Eventually I did receive the difference in BAH. If you go this route you will be required to repay or deny separation pay.

Response by SSG Private RallyPoint Member made Nov 10 at 2015 8:48 AM

2015-11-10T08:48:15-05:00

Yes. If you hear the same nonsense from S1, then request to go to JAG. But you should have that correction fixed. I was married as a PFC my wife lived in PA and my HOR (home of record) was in PA. So, check your HOR on your allotment and your contact and LES.

Response by SGT Private RallyPoint Member made Nov 10 at 2015 8:49 AM

2015-11-10T08:49:28-05:00

BAH is based on the zip code where the soldier is stationed. When in AIT the soldier receives BAH from his training location unless his family is overseas (i.e. Puerto Rico). This should have been explained during in processing. Geographical bachelors receive BAH based on spouse location, but that is if the soldier gets stationed in places like Korea and Germany and decide to leave spouse in the US.

Response by SPC Private RallyPoint Member made Nov 10 at 2015 8:51 AM

2015-11-10T08:51:51-05:00

if you have a lease they should pay you for where that lease is until your lease is up but yeah usually the amount you get is for where you are stationed but i would take it it up with s1 who probably won't help so id find out where post finance is and go there they usually have more info and jag usually won't help with things like that but if you went to ACS they would help you figure it out they have a finance department and if you needed they could help you with money to through the AER loan

Response by SGT Private RallyPoint Member made Nov 10 at 2015 8:59 AM

2015-11-10T08:59:58-05:00

The last I knew, if your training is over 20 weeks (if your active duty) for National Guard and Reserves, I don't think that is available, you can have the Army pay to move her close to you. Also, she can break her lease with a copy of your orders. But I got off active duty in 2012, so check with your PAC section S-1.

Response by WO1 Private RallyPoint Member made Nov 10 at 2015 9:05 AM

2015-11-10T09:05:17-05:00

You need a memorandum of approval for BAH waiver if it was a PCS. Refer to ALARACT 014/2015. Here is a link

http://dmna.ny.gov/hro/agr/army/files/ [login to see] --ALARACT_014_2015_BASIC%20ALLOWANCE%20FOR%20HOSING%20(BAH)%20WAIVERS.pdf

I am working on my waiver now, the packet includes:

1. Memorandum of recommendation (signed by first field grade in your chain of command)

2. Letter explaining why you would like the rate change.

3. Copy of your LES

4. Spouse Employment Verification Letter

There is an email address in the ALARACT that you are supposed to send the packet to, found in paragraph 10.

Hope this helps. I have examples if you need further assistance.

Response by CW4 Private RallyPoint Member made Nov 10 at 2015 9:23 AM

2015-11-10T09:23:02-05:00

On the BAH form DA5960, there is a block you can check which states you are asking to receive VHA based on your spouse's location. Look at Block 12. Expenses, If Authorized, I am Requesting VHA Based On: My permanent duty station: My dependent's location: Both my permanent duty station and dependent's location.

You should be able to justify requesting VHA based on your spouse's location, especially since the cost of living is exorbitantly higher in California than it is in Georgia. If an exception to NG policy is required for this request, I would definitely go the route of showing undue hardship upon the Soldier (e.g. your rent is $1700, but your housing allowance in GA is only $700). Attending required training should not cause an undue hardship to the Soldier and their family.

Response by CPT Private RallyPoint Member made Nov 10 at 2015 9:38 AM

2015-11-10T09:38:01-05:00

Get a copy of the lease and statements CA and take it to finance even if it changed you're still grandfathered in. It shouldn't change to GA if you're not allowed to stay off post plus you're NG you should be for the expenses of your home of record with your wife. Also, as the liason he should have a copy of that for you to see not refer you to a civilian third party source Smh. Trash.

Response by CSM Private RallyPoint Member made Nov 10 at 2015 9:38 AM

2015-11-10T09:38:07-05:00

PFC Villa, I would also go the Ft Gordon housing office and talk to them, they can help you with an except to policy if you need one.

Response by SSG Private RallyPoint Member made Nov 10 at 2015 9:39 AM

2015-11-10T09:39:32-05:00

A PFC, using any sorts of technology during basic and AIT? Never heard of that kind of field trip before in the army. But same advice as everyone else is giving. Get off your rally point app and go talk to finance.

Response by PO1 Private RallyPoint Member made Nov 10 at 2015 9:43 AM

2015-11-10T09:43:06-05:00

Your BAH should be where your dependents live. If you have orders to PCS due to the length of your school then you need to file an exception. This happens a lot in the Navy due to the number of schools the Navy has. Your exception will be approved as long as you can provide all the of information needed. Good luck.

Response by SGM Private RallyPoint Member made Nov 10 at 2015 10:13 AM

2015-11-10T10:13:28-05:00

DOD FMR 7A, Chapter 26 (BAH) is the regulation that covers your situation if you meet the criteria. Specifically Table Table 26-9. Location Member’s BAH Rate is Based Upon Members, Rule 22 states “If a member is newly inducted, enlisted, reenlisted, or an officer candidate” then the payable BAH rate is “location of dependents (see Note 6). Note 6 states “With Dependents If the dependents are OCONUS (does not include Alaska and Hawaii), the TDY location must be used to pay BAH. If dependents are CONUS, the BAH entitlement will continue to be the dependents’ location until the member reports to the first duty station other than for training. This note only applies to new accessions".

A former Soldier of mine went through the same problem when I was a 1SG 10 years ago. This regulation helped me to change her BAH back to New York from Fort Stewart.

Response by SGT Private RallyPoint Member made Nov 10 at 2015 10:33 AM

2015-11-10T10:33:03-05:00

Unless your orders say unaccompanied, then the 6month mark is where the BAH switches and you can choose to have your spouse stay with you or at home, but the rate changes regardless. It's been a rule since I've been in the Army, that's why at schools longer than a certain time they allow you to take your spouse because after half a year it snow considered your "residence". You can file hardship waivers but those are very case by case you have to have a compelling reason why your spouse can't relocate, or just eat the cost difference.

Response by SSG Private RallyPoint Member made Nov 10 at 2015 10:36 AM

2015-11-10T10:36:40-05:00

They are wrong and screwed up on your payroll and are trying to justify the mess up. Your BAH would only change if your family moved with you to your AIT location. Not many MOS's are longer then a year making it feasible for you to pack your family up and move with you esp if they have a job.

Response by SPC Private RallyPoint Member made Nov 10 at 2015 11:00 AM

2015-11-10T11:00:21-05:00

I came out of 25B AIT just 2 years ago. that program likes to push alot of rules on that front. 22 weeks is just a few days short of the cut off period. Long AIT programs are supposed to be treated like a PCS, but the 25B program resists doing so because they do not want to offer all the privileges that come with that. If the army is saying that your term of stay at Ft. Gordon is a PCS move then you should be getting all the benefits that come with that. Meaning that you have the right to move your wife (at the army's expense) to Ft. Gordon, and get on-post housing together, or off-post housing with BAH. The Army cannot have it both ways. Either you now live in Georgia and they must move you AND your wife, or you still live in CA and she stays there. If you start barking up that tree they will get it fixed quickly, because they are not about to move her for your AIT.

Make sure they get your back pay too.

Response by SPC Private RallyPoint Member made Nov 10 at 2015 11:00 AM

2015-11-10T11:00:39-05:00

Response by CPO Private RallyPoint Member made Nov 10 at 2015 11:05 AM

2015-11-10T11:05:05-05:00

Pull up the JTR (Joint Travel Regulations) and look up BAH. If like the above says from the replies. Maybe Finance checked you in as a PCS vs an AIT. Check that first. But you can submit a waiver for the higher BAH.

I'm Navy myself. but the JTR covers all Branches.

Navy Terminology, member is active duty stationed in CA, goes on TAD/TDY(Temporary duty) to GA, The LOA on the TAD/TDY orders - Covers the member in GA for the length of the orders (Travel expenses, lodging & perdiem). Which should not have any affect on members pay/BAH/BAS. If he's PCS is CA, where his family stays while he's in GA for a few months. His PSC orders are CA, his unit is there, etc, then his BAH Is CA. TAD/TDY to GA is on DTS.

That's specific to JTR. If your orders to GA says PCS, then the assumption would be that the 4-5mths you would be there, so would your wife will as well. You as a member is up to you if you and your spouse decide that she stay in CA for that period, the cost(difference) is out of POCKET to you because if you PCS to GA for school and then your next duty station is another location other than CA yet the wife prefers to stay in CA. Then you may consider the Geo-Bachelor stand point where you would PCS and stay in the BEQ and they continue to pay the BAH in CA, but that's with submitting request and waiver for the higher BAH. :)

Hope that helps. http://www.defensetravel.dod.mil/Docs/perdiem/JTR.pdf

Response by CDR Private RallyPoint Member made Nov 10 at 2015 11:44 AM

2015-11-10T11:44:33-05:00

S1 is a good place to go. Don't let them give you the run around. Here are a few quotes from the governing regulation:

"A member’s old PDS is the PDS for BAH purposes from the day the member departs the old PDS through the day before the member reports to the new PDS in compliance with permanent change of station (PCS) orders (if the member had been residing in government quarters at the old PDS, the member is entitled to BAH the date of termination of government quarters)."

"4. Short TermPCS Assignment 12 Months or Less for Professional Military Training or Education. Effective June 26, 2003, where a member receives a PCS assignment of 12-months duration or less, for purposes of participating in professional military education or training classes, the circumstances of this assignment are unusual, including: (1) known in advance that the duration of this assignment, within the continental United States (CONUS), will be for a short term of 12 months or less; (2) member may return to previous duty location upon completion of education or training; and (3) assignment may not coincide with the academic school year, which may work a particular hardship on military families with school-aged children. Under these circumstances, it may be necessary for some members to leave their dependents in place rather than relocate them for the short duration of the assignment. If the Secretary concerned determines that the circumstances of the short-term assignment are unusual, the Secretary may pay BAH based on the dependents’ location or the last duty station, whichever the Secretary determines to be most equitable."

"A member with dependents who is entitled to basic pay is entitled to BAH at the rates prescribed for members with dependents when:
3. Dependents are not enroute or do not accompany the member to the permanent duty station, or the vicinity thereof, so as to preclude assignment of family quarters. Under such circumstances, the mere availability of quarters which could have been assigned does not negate the right of a member to the BAH for dependents. See Table 26-9 for the location to be used in determining the member’s BAH entitlement."

All of these quotes come from the Defense Comptroller's Manual - reference here
http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07aarch/07a_26old.pdf

In particular, pay attention to lines 5-9 on page 41 for your current situation.

S1 should take care of this, but often they don't care or don't know the regulation. Showing them it will help your cause.

Good luck!

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Response by PFC Private RallyPoint Member made Nov 10 at 2015 12:28 PM

2015-11-10T12:28:17-05:00

Same thing happened to me. My AIT is 27weeks and on my orders it's listed a "first duty station" probably because of its length. My wife lives in MD where the BAH for my zip is over $800 more than where I am for AIT. When I first got here, I talked to finance and they told me that it's just how it is, but that I can request a G1 waiver which wild allow me to receive BAH at my spouse's location. I was also forewarned on how "rare" it is for one to be approved since it has to be approved by the commanding general. In any case, it's worst requesting, just a little paperwork. I never bothered, I just decided to move my wife to AIT since she's on my orders, but if you don't have that luxury then do it.

-Hope that helps.

Response by CSM Carlson C. made Nov 10 at 2015 12:49 PM

2015-11-10T12:49:38-05:00

PFC Villa, are you Active Duty, Reserve or National Gaurd?

Response by SFC Private RallyPoint Member made Nov 10 at 2015 12:57 PM

2015-11-10T12:57:27-05:00

Did you ask him to show you the policy? He needs to produce it not have you look for it, second I would follow through with finance, the only time that I know your BAH rate would change is if its a PCS move.

Response by SGT Richard H. made Nov 10 at 2015 1:27 PM

2015-11-10T13:27:39-05:00

When you talk to S-1, remind them that you are a Geographical Bachelor, and that the BAH is for your family, not for you.

Response by CPO Private RallyPoint Member made Nov 10 at 2015 2:10 PM

2015-11-10T14:10:36-05:00

I would ask for a copy of the notice or instruction you've been told of. I'd also sit down with someone knowledgeable with the JTR and go over chapter 10, part E (Housing Allowances/Assignment Situations) and see where you stand as far as housing and separation allowances are concerned.

Response by SFC Private RallyPoint Member made Nov 10 at 2015 2:24 PM

2015-11-10T14:24:51-05:00

make an appointment with S1 or Finance and ask them to explain it to you.....

Response by SFC(P) Private RallyPoint Member made Nov 10 at 2015 2:37 PM

2015-11-10T14:37:09-05:00

Respond to original question...BAH is based on the Soldier's Duty location, not the Spouses. How long have you been at training? If you are nearing the end, you are better just sucking it up and driving on.

Response by MSgt Private RallyPoint Member made Nov 10 at 2015 2:57 PM

2015-11-10T14:57:01-05:00

I take it NG is national guard right? Then they are confusing the policy, as it is only for active duty. What always works for me is to ask and see the policy and then ask them to show where it says that. They will, but then it should say if it is applicable to the reserve. It is not.

Response by CW3 Jim Norris made Nov 10 at 2015 2:58 PM

2015-11-10T14:58:30-05:00

Get to finance pronto. I do believe that BAH is based on dependents residence. Noticed I used 'believed', but the folks at finance can straighten this out quickly.

Response by CW3 Jim Norris made Nov 10 at 2015 2:59 PM

2015-11-10T14:59:53-05:00

Also, often leases include a military clause for early release without penalty....just another idea.

Response by SSG Private RallyPoint Member made Nov 10 at 2015 3:08 PM

2015-11-10T15:08:00-05:00

The national guard liason is correct for unmarried but there is a form that allows you to get bah from home of record as long as your permanent residence and spouse still reside at the home of record

Response by SFC Private RallyPoint Member made Nov 10 at 2015 3:15 PM

2015-11-10T15:15:51-05:00

You have to first look at your orders. If they state PCS move and you chose to have her stay in Cali, then you will only receive local BAH. If it says dependents not authorized then you should receive BAH in Cali. Same goes for seperation pay.

Response by SFC Private RallyPoint Member made Nov 10 at 2015 3:25 PM

2015-11-10T15:25:10-05:00

It seems like you have a lot of advice already. Since you are NG and have orders to a duty station then your rent should be protected under the Service Member Civil Relief Act. Make sure your wife has a copy of your orders that take you to Fort Gordon and if unable to pay the rent then have her talk to the management where she rents. Also, review your lease agreement. I'm not 100% how that works for the NG and being activated or sent TDY but it's worth a look.

Response by MSG Private RallyPoint Member made Nov 10 at 2015 5:49 PM

2015-11-10T17:49:15-05:00

He is not jerking your chain. You are authorized to PCS per the JTR. Since the PCS is authorized you draw the BAH rate of your current location. A complaint won't do you any good, but as another Soldier mentioned try AER to help cover your loses. You will have to pay it back, but without interest. Good luck at school.

Response by 1stLt Private RallyPoint Member made Nov 10 at 2015 5:52 PM

2015-11-10T17:52:44-05:00

There's nothing that the JAG would be able to do for you since they deal strictly with the UCMJ and BAH is guided by the Joint Federal Travel Regulations (JTR). It's going to come down to when you got married and what type of orders you have. If you were married before boot camp, and have unaccompanied orders to AIT, then you should rate your spouse's BAH. There's a lot of other things that go into calculating it, such as effective dates of orders and other such nerdery.
Also considering I was in the Financial Management Officers Course a few weeks ago and they didn't notify us of any changes or updates, I would take your liaison's advice with a grain of salt. Yes I am a Marine and don't work with Army money, but BAH and pay are universal among the services.
Long story short, if you rated it and they stopped it, you'll get back payed. If you didn't rate it and they gave it to you, you're going to have to pay it back. Talk to your disbursing or finance office and they can sort you out, if you have one. If all else fails, there are always waivers for everything.
Good luck!

Response by CPT Private RallyPoint Member made Nov 10 at 2015 6:55 PM

2015-11-10T18:55:44-05:00

Quite honestly, you are lucky that you are receiving BAH. When I went to Basic and AIT back in 2001, if you are in the Guard or Reserves, you did not get BAH even if you have dependents. But things have changed since then.... What you need to do is submit an ETP (exception to policy) through your chain of command to send up to HRC/USARC (I have to double check to be sure). I had several Soldiers that were in a similar situation as yours. If your ETP is approved, your BAH rate will change to where your wife is currently, but it will only be effective starting on the approval date. It is not retroactive. Good luck to you!

Response by SFC Private RallyPoint Member made Nov 10 at 2015 8:34 PM

2015-11-10T20:34:03-05:00

You should fill out another 5960 and submit it to finance... I haven't heard of that policy but it could be correct... My biggest question is what happens when you graduate AIT? You know that once you are released from active duty and you go back to your National Guard unit, the BAH goes away, right?

Response by SSG Private RallyPoint Member made Nov 10 at 2015 8:35 PM

2015-11-10T20:35:51-05:00

It doesn't matter how long you're in ait for, your bah is based off of where your spouse resides while you're in training.

Response by SFC Private RallyPoint Member made Nov 10 at 2015 8:41 PM

2015-11-10T20:41:46-05:00

I just talked to a friend at finance and she said its true... She said she thinks the change is if the duty is 140 days or more then the BAH changes to the duty location... My question again though is if you are guard then when you leave training your BAH goes away...

Response by SFC Private RallyPoint Member made Nov 10 at 2015 9:08 PM

2015-11-10T21:08:12-05:00

PFC Your NG career counselor is correct. What most NG and reserve commanders fails to tell their Soldiers going to training is that ARMY policy states anything over 20 weeks you get local BAH, even though your wife is not authorized to PCS with you. If would like this changed, solicit your NG Command team and try to have your orders changes to have your spouse PCS, other wise you will be paying out of your pocket. This was and still is a very common problem that we had at FT Sam Houston with all of our NG Soldiers, I'm very familiar with this. The NG usually isn't willing to pay for family PCS's because it costs the state money, not the federal government. Hope this helps SFC Barber

Response by MSgt Private RallyPoint Member made Nov 10 at 2015 11:15 PM

2015-11-10T23:15:05-05:00

How were you not grandfathered in? Does AIT dictate your duty station or does it not start properly until you get to your unit?

Response by CW4 Russ Hamilton (Ret) made Nov 10 at 2015 11:19 PM

2015-11-10T23:19:52-05:00

This is absolutely ridiculous. Reservists and NG do not PCS unless they are AGR - period. Someone screwed up. You will likely need to produce your marriage cert and a recent rental/mortgage agreement, power bill, water bill etc and take it to finance. Also notify your local CoC and your NG CoC of the situation – provide each with each other’s contact info. Do all this ASAP, 22 weeks is over 5 months and this screwup will cost you a lot of money.

Response by LTC Private RallyPoint Member made Nov 11 at 2015 12:52 AM

2015-11-11T00:52:23-05:00

There should be a rule for geographical bachelors; of which AIT puts you in that situation; therefore based on the spouses location. An unaccompanied tour (of which most schools are), would normally give you the BAH of where your family is. If that rules been changes, it certainly unfair. As people have said, go to finance; if they cant work it out go to the IG. In the mean time go to Army Emergency Relief. The Army wants you focus on your training and on mission accomplishment, that's why we have organizations like AER and why the commanders should be motivated to get this resolved for you; . Good luck. follow up with my and others' suggestions, but stay focused and soldier on. On this Veterans Day, thank you for your service and good luck with your Army Career!

Response by 1SG Private RallyPoint Member made Nov 11 at 2015 11:51 AM

2015-11-11T11:51:59-05:00

The first thing to not do is lose your cool. Go to your chain of command and let them help you sort it out, and quickly by the sound of things. You are at AIT and on active duty so all those resources are at your disposal. Your chain of command has a lot more influence talking to NG liaasons or finance folks. It's their job and what they are there for. Hope things work out for you.

Response by SFC Private RallyPoint Member made Nov 11 at 2015 1:00 PM

2015-11-11T13:00:36-05:00

Too many people here are trying to apply what they know of normal service life to AIT. It's a different animal. National Guard tends get have issues because there are a lot of different circumstances and policies in effect at the same time. First of all, there are three points of failure for each NG Soldier in AIT, the Soldier, the installation finance, and the Soldier's recruiting center or unit. It only takes one missed check box to throw off their pay, especially if they don't declare themselves as NG. Finance can miss things, and units can write the wring orders. When I was an AIT PSG we had a slew of issues because three states didn't put the right pay codes on the orders to cover when their Soldiers were in training when the fiscal year changed. Things get more muddled because NG Soldiers are on Active Duty while going through IET, but their money comes from their state. New RA cadre may not realize that all NG Soldiers can potentially receive BAH, if even they are single. There are Army policies that affect pay, then each of the states have a say. In the end, the only way to get the truth is to have the AIT PSG take him to finance and let them figure it out. If he doesn't get the answer he is looking for, then he can contact his RRC and they can go through the CSM.

Response by PFC Private RallyPoint Member made Nov 11 at 2015 4:17 PM

2015-11-11T16:17:21-05:00

Hm that's funny, just got out of bravo school a few months ago and it's 19 weeks and 4 days so they could avoid things like living off post on bah, getting a pov while in tradoc, etc etc

Response by SFC Private RallyPoint Member made Nov 12 at 2015 12:08 AM

2015-11-12T00:08:58-05:00

That same situation happened to me. I am in the reserves married living in florida. I was at ft sam school back in 07. My orders did not authorize family and my Zip code stayed in florida along with my family. BLUF i got IG to help me. You are entitled to have your BAH for where your family resides along with fam sep. If your orders authorize family to pcs with you then your BAH will be at your duty station. As for how your les zip code changed. Put in a pay inquiry and change it back to your HOR. As a reservist or Nat Guard you are allowed to maintain your full time residence where you live.

Response by PO2 Private RallyPoint Member made Nov 12 at 2015 7:26 AM

2015-11-12T07:26:38-05:00

We have the same rules in the Navy. Over 22 weeks is considered a PCS and your wife may join you. If this is the case, you will be entitled to a household move and your contract with your apartment complex will fall under the Relief act. There is a way however, if your wife is enrolled in a major university, or has a solid foundation in a career that can be deemed as a result to stay, then they will allow it. However, keep in mind that those are hard to get because the Army will be paying twice for two separate households if you maintain a barracks room as well.

Response by SSG Private RallyPoint Member made Nov 12 at 2015 9:17 AM

2015-11-12T09:17:51-05:00

Ensure that you home i CA is your home of record. take your lease and your marriage license wit you to finance. NG gets paid BAH for your home of record. The did that crap to me and it took 5 years to get paid back for it. If you transitioned to full active component then you are screwed.

Response by PFC Chip Des made Nov 12 at 2015 1:50 PM

2015-11-12T13:50:20-05:00

you can try JAG but I have been told JAG is just anouther red tape for corrupt CO"S who make their prof. report. I remeber when we enlisted were not alolowed to have cars I used to see them hide them in bushes near the gates in FT. Garbadge well thats what I called it and still would today, they are resp. for the murder of 2 people and we were enlisted and most were orphans who would be "not missed" as we were told. Get out of there ASAP!

Response by SFC Private RallyPoint Member made Nov 12 at 2015 2:01 PM

2015-11-12T14:01:53-05:00

PFC, I know everyone wants to throw their two cents in but their is one big factor here. First, all of you training is paid for by NG funds, it is only funneled through Active duty LOA. The NG is not paying to move you family as you PCS from training station to training station, that's the difference between the NG vs. Active duty and the Reserves (Federally funded). I've experienced this issue by being CADRE at a Training POST and now I see it by being at the Division level with IG complaints. This will all lead back to the NG and no one else, and their policy is not to PCS your family

Response by SGT Alan Kleimeyer made Nov 12 at 2015 6:47 PM

2015-11-12T18:47:17-05:00

As RV soldier, your housing allowance should be based upon your home of record, regardless of you being temporarily activated for school. I just quickly read through the JTR Chp 10 to see if changed, and if it did then I missed it. I would recommend you do a pay inquiry and request that they run it through DFAS. Many times state finance personnel are civilians using outdated regs. When I deployed Chief of Military Pay, California was one of the worst offenders for this, so DFAS is your best option - but make sure you do it properly through your CoC

Response by SGT Joseph Dutton made Nov 12 at 2015 7:36 PM

2015-11-12T19:36:01-05:00

Ok! I see you are new too the system. Here is what you do. You request a copy of the policy from the NG Liaison as well the Policy# and research it on the internet and see if they match each other. Looks like what happened either by accident or on purpose is that some one change your Zip Code. Most importantly it doesn't matter wither your in school or deployed. It is where your wife/family i.e. dependents resides at.

Response by SFC Private RallyPoint Member made Nov 12 at 2015 11:02 PM

2015-11-12T23:02:03-05:00

That is completely wrong. The only way your BAH can change is if you PCS'd in which case you would be able to bring your wife and exercise your military clause to break the lease. On Active Duty if I go to school at Ft. Gordon my family stays at my home station if it's TDY in return and the BAH doesn't change. Your liaison is jerking your chain or he just doesn't have a clue.

Response by CWO3 Private RallyPoint Member made Nov 13 at 2015 6:46 AM

2015-11-13T06:46:03-05:00

Folks, it is remarkable how much misinformation is being provided here. If you don't know the answer or if your only experience is when a similar situation happened to you in 1992, don't respond.

Here are the facts:
1a. Type of orders is paramount
1b. If it is PCS (to include TAD in excess of 20 weeks) then you are paid BAH at the duty location
2. Anything different than this needs to be approved by "the secretarial process" which means that services department head and your S1 likely has zero experience with that
3. Correct reference is JTR CH 10 Paragraph 10416

In conclusion, you rate BAH at the TAD site (since it is in excess of 20 weeks) and it will take the pen of a General Officer to dictate otherwise (unlikely based on the justification provided).

Response by CW3(P) Private RallyPoint Member made Nov 13 at 2015 11:13 PM

2015-11-13T23:13:40-05:00

Bro - I haven't read every comment, but to offer some "official" guidance instead of opinions, read this. My buddy here at flight school is doing the same thing. From what you've shared, sounds like you qualify. I'm in riverside, so I wish I qualified, but my wife can to Rucker with me. I'm also CAARNG.

I realize it's a NYARNG link, but it's still the applicable alaract

Response by SrA Private RallyPoint Member made Nov 14 at 2015 4:37 PM

2015-11-14T16:37:49-05:00

I just got out of AIT in April & my BAH was always where my family was (in MI). There was no change going from Ft Sill to Ft Huachuca but if there was a change over the summer, I was unaware. And they're also correct, longer AITs grant a PCS. Mine was purposely 19 weeks so my family couldn't move. One more week & they could've.

Response by CPT Private RallyPoint Member made Nov 19 at 2015 5:32 PM

2015-11-19T17:32:57-05:00

You need to find someone to help you do a pay inquiry because you did not PCS to Gordon. Your BAH needs to reflect where your wife is not where you are for training.

Response by SSG Private RallyPoint Member made Nov 26 at 2015 8:44 PM

2015-11-26T20:44:04-05:00

You got some bad info, go back and correct your home of record and notify finance for correction.

Response by SPC Rory J. Mattheisen made Dec 3 at 2015 11:01 PM

2015-12-03T23:01:51-05:00

Get used to it...