Bah

[ME1976]

I will soon be relocating to Europe on an unaccompanied tour. I want to bring my spouse over eventually (within a couple of months) and I would like to keep the BAH from where we PCS'ed from even though she would not be there. The BAH where we are leaving from is less than what OHA would be at my new duty station in Europe if she was there. Is there an issue with this? I can't see the logic in how it would equate to BAH fraud if we would be receiving less in BAH than we should actually be receiving. By the way the reason I am doing an unaccompanied tour is to have a shorter overseas tour which will benifit me on a future assignment. Thanks for the advice.

[IrishLady47]

Are you bringing her over at your own expense? IOW, she will be non-command sponsored?

[ME1976]

Yes. I am bringing my spouse over at our own expense. (not sponsored) I've heard that there is a rule that if your spouse doesn't stay in country for more than 90 days that they would be legal. Any truth to this? I guess what this comes down too is that I want the 2 year tour and I also want my spouse to be with me but that can't be done, officially, if I do a unaccompanied tour. I have no problem paying for her transportation to Europe and we would like to live off post which as a geographical bachelor will not be an issue according to housing. Additionally if you have anyone has advice could you also send me a reference (regulation) that I could use if necessary? Thank you sooo much.

[IrishLady47]

When serving an unaccompanied tour, the BAH would be based on your old PDS if your dependents remained there or, if they moved to a designated location w/in CONUS, it would be based on the designated location.

If you do not stay in bachelor government housing, you will receive an OHA-O and FSA. If your wife joins you in the vicinity of your OCONUS PDS--even if you pay for the travel and she is not command sponsored --if she remains for more than 90 days, the CONUS BAH would be stopped along with your FSA and OHA w/dependents would be paid. This is covered in Table U10E-7, Chapter 10, JFTR. If you don't inform finance of your wife's presence, you would be committing BAH fraud.

Also, if your wife if not command sponsored, you cannot obtain a no-fee passport for her which contains the SOFA stamp to cover her in the overseas command. She would be traveling on a tourist passport and be subject to the host country's requirement for a visa. You should check what that requirement is. Although most European countries don't require a visa for short-term stays (like a tourist), extended stays would require a visa and she would have to meet the requirements of the particular country.

Serving an accompanied tour is only another 12 months and would be a lot less hassle. Why would serving the accompanied tour (which is the norm & expected by branch managers) interfere with your follow-on assignment?

[ME1976]

Thanks for the help and reference. If I take the two year tour the follow on assignment we want would be available. If not, then a very less desirable assignment would follow. So it looks like my solution would be to move to Europe and get us set up. Then bring her over and report to finance that she is there, which would allow me to keep us on the two year tour and not break any regulations.

[IrishLady47]

Do not forget to check what the visa and/or residence permits are for the country since your orders will state you are on an unaccompanied tour. Find out if non-command sponsored dependents have any other restrictions.

Keep in mind the HAAP only applies to one year dependent restricted tours--hope your assignment manager is staying in place for a while (and doesn't get overruled). If it is that great of an assignment, you're probably not the only one that wants it & a lot can change in two years.

Good luck!

[ME1976]

Thank you for the references and advice as you have been very helpful. My last couple of questions deals with another scenario. The other possibility is for her to move, at our own expense, to her parents home. If she does that she of course would not be paying rent or bills while there so would maybe tricare services be proof of residence? Also in looking at table U10E-6 rule 7 listed below I read that we could keep the BAH from the PDS I will currently be leaving since she would be moving at our own expense. The BAH we are leaving now is more than where her parents live.

Table U10E-6 rule 7

IF
the dependent relocates
the residence at personal
expense while the member
is serving an
unaccompanied/
dependent restricted tour

THEN

If the dependent relocates between BAH locations, continue
BAH based on the rate for the previously authorized
location (either old PDS or dependent location) before the
move).

Thanks again and do you think I should also go to legal to ask these questions so as to protect myself and have it on record?

[IrishLady47]

Why not ask your finance office?

[ME1976]

I do plan on going to finance/legal but after a google search I found this website and thought I would give it a shot. My reasoning was that anyone who would purposely offer advice outside of thier work must really enjoy thier job or might have had a similar experience. Unfortunately I have not had a lot of luck with finance in the past. I have only went to them on three occasions but have found that the army is more into telling you that something can't be done instead of helping to find a solution. As I am the type of person that says "well you say that is against a regulation, what is the reference?" The usual response (not just my situations with finance) is I don't know that is what my supervisor taught me. I think that might offend some in that they think I am questioning thier knowledge of thier job when it is only that I want to find out more on the subject as my solution might be a couple of paragraphs down. Thats about it. I do appreciate your help and you have helped me more in five minutes than waiting in line for 1 hr could have.