Posted on Mar 9, 2019
Can my CoC request a legal document of my residence where I'm staying off post?
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Basically, I got a counseling and it says I need to show a legal document showing my residence/proof of staying with someone. It's really weird... I'm staying with a fellow soldier, I'm married, he's married. He owns the house, I pay rent monthly. No issues. They want it notarized as well.
Some weird reason is they think I'm living randomly. I already feel as the army wants to get involved in every situation you have, marriage, housing, finances etc. But is this even legal?
Some weird reason is they think I'm living randomly. I already feel as the army wants to get involved in every situation you have, marriage, housing, finances etc. But is this even legal?
Posted in these groups: 
Legal Services
Housing
Legal Services Housing
Edited 6 y ago
Posted 6 y ago
Responses: 7
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Yes. Your commander signs a DA 5960 verifying the address where you reside and pay rent or mortgage.
Your commander is required to verify documented proof of that residence prior to signing the DA 5960.
Then both that DA 5960 and mortgage signature page or rental agreement go in your iPERMS.
Because both of those documents are required to be in your iPERMS for the Army to verify that you are entitled to BAH.
If you have a spouse and/or kids, the marriage cert and/or birth certs have to be in your iPERMS for the Army to verify that you are entitled to BAH with dependents rate.
When you change your residence, you do the DA 5960 and mortgage or rental agreement all over again. Every time.
Or you don't get BAH, and you could get your BAH collected in a AAA audit.
In addition to that counseling stating something about following a direct or lawful order, it should have also explained everything above.
Your commander is required to verify documented proof of that residence prior to signing the DA 5960.
Then both that DA 5960 and mortgage signature page or rental agreement go in your iPERMS.
Because both of those documents are required to be in your iPERMS for the Army to verify that you are entitled to BAH.
If you have a spouse and/or kids, the marriage cert and/or birth certs have to be in your iPERMS for the Army to verify that you are entitled to BAH with dependents rate.
When you change your residence, you do the DA 5960 and mortgage or rental agreement all over again. Every time.
Or you don't get BAH, and you could get your BAH collected in a AAA audit.
In addition to that counseling stating something about following a direct or lawful order, it should have also explained everything above.
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A copy of your lease, notarized as directed, isnt unreasonable, and within the scope of the commanders responsibility and authority.
Not a big deal.
Not a big deal.
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LTC Jason Mackay
The Company Commander has a Commander's Finance Report that he has a legal obligation to validate monthly that is usually how people get hemmed up in BAH fraud.
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