Bah

[apexnc143]

I have been At ft. Bragg with the 82nd for the last 4 years. since I got here I was given BAH for Boulder Colorado because my who I pay child support for lives there and I was never given orders allowing me to move my family with me.
My 1SG is now saying that I'm wrong and that I'm going have to pay back for someone else mistake.
1st. Question. What BAH should I receive?
2ND. Am I at fault for what someone else did.What is the name of your state (only U.S. law)?

 

[Shadowbunny]

I have been At ft. Bragg with the 82nd for the last 4 years. since I got here I was given BAH for Boulder Colorado because my who I pay child support for lives there and I was never given orders allowing me to move my family with me.
My 1SG is now saying that I'm wrong and that I'm going have to pay back for someone else mistake.
1st. Question. What BAH should I receive?
2ND. Am I at fault for what someone else did.What is the name of your state (only U.S. law)?

1. You receive BAH based on your duty station; you can look up the rates here: Basic Allowance for Housing (BAH)

2. See #1 above -- your BAH isn't based on where your family lives, so therefore it doesn't matter if you didn't have orders for them to accompany you. You are responsible for ensuring that your information is correct - including knowing what the BAH rate SHOULD have been.

 

[ahnvil]

"Payment of BAH when member resides separately from
dependents. Payment of BAH based on dependent location for a
member who lives separately from dependents due to military
necessity may only be authorized when the member is not able to
commute daily between the duty station location and the
dependents' residence. Assigned military duties, including
deployment and transportation interruptions, do not constitute
an inability to commute."

From OPNAV 7220.12 Chapter 1.

I'm not sure about the other branches, but Navy and Army have similar BAH guidelines regarding dependent location. Navy generally allows you to choose, so ends up the higher of the two. I collected San Diego BAH for three years while my wife was in Illinois. It's about a $500/mo difference.

Before you jump on me for leaving something out... I'm currently serving with several others from SD who left their dependents behind while executing accompanied orders. They still collect SD BAH while living in Chicago.

All it takes is an approved request to collect BAH based on dependent zip, routed through your CoC. They don't have to sign off on it, but if you're maintaining a residence which costs more than what you're getting it would become a quality of life issue. I've not met anyone who would place their subordinates under a financial burden when they have the ability to avoid it.

Your pay office is who you should be talking to about this. IMO, your 1SGT should have sent you there immediately to get this sorted.

 

[Shadowbunny]

From the DTMO website: "Geographically separated families (geographic bachelors) are normally eligible for BAH based on the member's duty station. Each Service budgets for support of a certain number of members and families at each location. If a growing number of people decide to leave their families in Washington, or Tampa while the member PCSs to Mt Home or Ft. Hood that could skew the budget and service support planning for these locations. Also, a fundamental philosophy of military service is that members, with their families, create a better work environment and esprit de corps when they can be active participants in the local base and community. In certain circumstances, with specific approval of the Secretary of the Service concerned, a member may be granted an exception to receive BAH based on the dependent's location. For example if a member has a sick child that requires medical attention only available in a certain location (say Walter Reed Army Medical Center in Washington, DC), and the member receives a PCS order, the member might leave the family in Washington and request BAH eligibility for that location. Such exceptions do not ordinarily apply to spousal employment or other personal choices. " Basic Allowance for Housing (BAH) - Frequently Asked Questions

 

[Newlydivmomto4]

A guy I was in a battalion with spent 10 years at Leavenworth for collecting BAH while living in government housing. If all you have to do is pay back what you were overpaid be grateful.