Should my wife and I both be getting BAH?

SGT Private RallyPoint Member — Tue, 24 Nov 2020 06:32:53 -0500

Before i PCS'd a few weeks ago, my wife and i submitted our paperwork for BAH (Dual Military). We were under the impression that she was coming with me but due to couple circumstances, she could not. I checked my LES and it seems like i am about to start getting BAH and so is she. She spoke to her command about it and prompted her that she needs to put a stop to it ASAP due to her not meeting the rank requirement. My question is; As an E5 not co-located with military spouse - Is it still authorized for me to recieve BAH, or Do i as well need to put a stop to it?

Response by Maj Marty Hogan made Nov 24 at 2020 6:41 AM

Maj Marty Hogan — Tue, 24 Nov 2020 06:41:26 -0500

Yes. Each of you can get it. The higher ranking person will get BAH with if you have dependents to max the benefit. The other will get single rate BAH. If you do not have children, single rate BAH is still yours based on marital status.

Response by MAJ Javier Rivera made Nov 24 at 2020 8:27 AM

MAJ Javier Rivera — Tue, 24 Nov 2020 08:27:49 -0500

Both gets BAH. Higher ranking with dependent rates.

Response by SFC Private RallyPoint Member made Nov 24 at 2020 9:25 AM

SFC Private RallyPoint Member — Tue, 24 Nov 2020 09:25:24 -0500

Finance determines if you get BAH, not yours or her command. If finance is giving you both BAH it's because you are authorized it. If your spouse attempted to discontinue it, finance would probably ignore the request. DFAS is extremely rule and law oriented and will only make changes it has determined are authorized

Response by Lt Col Private RallyPoint Member made Nov 25 at 2020 8:36 PM

Lt Col Private RallyPoint Member — Wed, 25 Nov 2020 20:36:35 -0500

The most important thing you can do is for both of you to go to finance and let the experts determine your entitlements. If you do not agree with the result seek out counsel. Make sure you keep all records and documents related together. Make sure you get what you need in writing. As someone who has conducted several Command Directed Investigations I have seen members get into trouble because of advice given by non-experts. When the military overpays you they do not wait to get it back, they take it quickly. The process is spelled out and determined by Regulations and Instructions not individuals with opinions.

Response by SPC Private RallyPoint Member made Mar 5 at 2021 3:02 PM

SPC Private RallyPoint Member — Fri, 05 Mar 2021 15:02:05 -0500

Look into DOD FMR 7000.14R Volume 7a chapter 26, as long as y’all are in barracks your not authorized BAH, if they are giving it to you they’ll take it back ASAP. I had an issue with my BAH and read the whole chapter to state my case.