Posted on Jun 6, 2016
E5 new to the unit without dependent approved BAH, E3 with dependent disapproved. Can they do that?
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Responses: 51
1st Id suggest you stop worrying about what others did or did not get, you do not know all the background and never will.. So your ability to compare one request and result to another comparison will not be valid and reasonable.
2nd, it's really pretty simple, do you have physical custody of your child? If so, you're entitled BAH, if not, you may still qualify depending on how many days the court order has given you of physical custody. .
BAH for single SM is not authorized unless post wide, single SM housing is filled at 95%or more.
Even if that is met as a limit, as a PFC you're going to be the LAST to get BAH among others with more TIG, TIS, rank and authority.
"When a member is divorced from a nonmember, and they share
joint legal custody of a child, and the ex-spouse is awarded primary physical custody, then the
member is considered a noncustodial parent for the purpose of entitlement to BAH"
2nd, it's really pretty simple, do you have physical custody of your child? If so, you're entitled BAH, if not, you may still qualify depending on how many days the court order has given you of physical custody. .
BAH for single SM is not authorized unless post wide, single SM housing is filled at 95%or more.
Even if that is met as a limit, as a PFC you're going to be the LAST to get BAH among others with more TIG, TIS, rank and authority.
"When a member is divorced from a nonmember, and they share
joint legal custody of a child, and the ex-spouse is awarded primary physical custody, then the
member is considered a noncustodial parent for the purpose of entitlement to BAH"
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SPC Kari Grove Wright
SGM Erik Marquez the problem I saw was the finance soldier will take care of the sm. The civilian contractor will not. They will deny them without hearing them out. My unit liked to take care of the sm. We wanted to make sure your pay was straight, that you got what you were entitled to and no more. My ncoic called me about the repayment program, as I was the only soldier they knew getting that when a sm would come in. A civilian, yes, would turn a lower ranking soldier away. My command did not, unless it was for a casual pay and they were closed out already. Never turned a soldier away on pay issues. Matter of fact we were in the s1 shop downrange sm comes in needs help, wife left him and took all his funds. S1 Sgt tells him to leave and not come back until he has a hair cut. He was from outside the wire, came just to handle this issue. This caused a huge argument, as he came to see finance and not s1. The soldier I spoke about that was shorted on pay was a spc, her ssg told her not to worry about those funds. I had to talk to the 1sg myself and ask why the ssg was not allowing her to do what needed to be done to get her pay. Come to find out the 1sg was missing his separation pay as well. Sometimes it's the soldiers leaders that mislead them on pay entitlementstubs. To answer your question no, a soldier should not be turned away because of the clock based on rank. On the other hand I also did not cater to higher ranking. I treated them all the same, as did my unit.
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LCpl Ferdinand Hughes
Not all civilian contractors are bad. I was contractor for the Army at Fort Eustis at MILPO, dealt mainly with student soldiers. I worked for the Navy as a contractor until I became a GS worker for the Navy. I never turned my back on any sailor or soldier regardless of rank. There are a few bad apples but most contractors are either veterans or married to an active duty member.
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SSG Dennis Wood
SPC (Join to see) - If the command is needed to sign off and they didn't then the CSM won't do anything for you. Also, the NCO that you are worried about is probably no solely out because of his child. When I was a CPL I moved off base due to a Policy (don't remember the number, but all policies have numbers) allowed me to move out due to non-availability (we were short on barracks, and NCO's are trusted to move out and pay their bills). If you feel like the NCO is getting over you could always turn him in for fraternization, because it sounds like he is in an inappropriate relationship that is affecting the command. "AR 600-20 4-14b which states, relationships, (both opposite-gender and same-gender) are prohibited if they: -- Compromise, or appear to compromise, the integrity of supervisory authority or the chain of command." Then you guys would both live in the barracks again, he might even be a SPC... Generally it is best to scan your lane. If you were due BAH then your NCO would have got it for you, unless we are talking about the same shit that is pumping you up to go see your CSM.
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PFC Blair
I am glad that you as a PFC took it upon yourself knowing that many of the personnel on Rallypoint are Senior to you, that you sought and asked advice from such a diverse background of current and former personnel that have a diverse background.
I Suggest you use your open door policy and like SGM Erik Marquez said get a copy of the policy memo
Now to those that are trying to give him an order to change things
Cmon !! Seriously this was a question asked a while ago!! ( why don't the Junior Enlisted join Rallypoint more !)
The semi direct orders of changing his picture ( to me it's a ridiculous point )
How do you know he hasn't gone through his chain of concern ?
Maybe he wants to use the " open door policy" every senior NCO says they have
I implore all naysayers here to step back and say to themselves " how can I help or advise this Soldier " instead of coming down on him
--Rant over
I am glad that you as a PFC took it upon yourself knowing that many of the personnel on Rallypoint are Senior to you, that you sought and asked advice from such a diverse background of current and former personnel that have a diverse background.
I Suggest you use your open door policy and like SGM Erik Marquez said get a copy of the policy memo
Now to those that are trying to give him an order to change things
Cmon !! Seriously this was a question asked a while ago!! ( why don't the Junior Enlisted join Rallypoint more !)
The semi direct orders of changing his picture ( to me it's a ridiculous point )
How do you know he hasn't gone through his chain of concern ?
Maybe he wants to use the " open door policy" every senior NCO says they have
I implore all naysayers here to step back and say to themselves " how can I help or advise this Soldier " instead of coming down on him
--Rant over
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SGT(P) (Join to see)
I'm not disagreeing with your position or comments at all, but be prepared when you go talk to the csm... he's going to ask you if you talked to your chain of command.... i.e... your team leader, squad leader, platoon sgt, platoon leader, 1sg, and company commander. And when you are done talking to him.... he's going to go to all those people and find out what's going on.
So if you have not talked to them, I would do so. And do so respectfully. And don't demand anything from them. Don't even mention the e5 that gets BAH.
Just make sure that they look into it. Tell them you are concerned you should be getting BAH and you are not. That you have a child. Then they will start looking into it, or will send you to the S1 for them to look into it.
In most units, until you are an e5, if you are single, or have no dependent living with you, you will be liv I ng in the barracks. That's just how it is. The army pays for the barracks and they want to make sure they are getting used.
I was in units that even had e5's living in the barracks. But if there was an e4 or below that needed that room, then they would send the e5 off post with bah.
Other people you can go and check with is your unit's legal department. They can help you out with knowing who to talk to and what you should be entitled to as a father.
So if you have not talked to them, I would do so. And do so respectfully. And don't demand anything from them. Don't even mention the e5 that gets BAH.
Just make sure that they look into it. Tell them you are concerned you should be getting BAH and you are not. That you have a child. Then they will start looking into it, or will send you to the S1 for them to look into it.
In most units, until you are an e5, if you are single, or have no dependent living with you, you will be liv I ng in the barracks. That's just how it is. The army pays for the barracks and they want to make sure they are getting used.
I was in units that even had e5's living in the barracks. But if there was an e4 or below that needed that room, then they would send the e5 off post with bah.
Other people you can go and check with is your unit's legal department. They can help you out with knowing who to talk to and what you should be entitled to as a father.
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Oh, one more thing........
You try and jump everyone in your Chain to get an answer from your CSM instead of trying to get an answer at the lowest level possible, not getting BAH will be the last of your worries.
You try and jump everyone in your Chain to get an answer from your CSM instead of trying to get an answer at the lowest level possible, not getting BAH will be the last of your worries.
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MSG (Join to see)
SPC (Join to see) - Then I recommend that you get your hands on that policy (if you have not done so) and read it thoroughly as all your questions may be answered from that policy. But, if the policy is a post wide policy, then there really isn't much you can do. You can try and push for change.....but being Bragg....who knows.
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PFC Mark Blankenship
SSG, I was thinking the same thing. I hope he's used the The Chain of Command up to the CSM.
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First I am going to ask why the photo you chose to post, was one of a Feldwebel in the Wehrmacht Heer?
Secondly, depending on SOP at the CO, BN, BDE, and DIV levels, he may be qualified due to his rank.
Thirdly, does your son live with you?
Secondly, depending on SOP at the CO, BN, BDE, and DIV levels, he may be qualified due to his rank.
Thirdly, does your son live with you?
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MSG (Join to see)
PVT Samuel Caspers , yea I have to agree. That is an extremely interesting pic to use.
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Capt Tom Brown
MSG (Join to see) - I was wondering the same thing about the picture. Looks like an old one.
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PVT Samuel Caspers
SSG Drew Cook - That they did, though with all the political correctness in todays Army, it is unwise to post things such as this.
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After reading the responses, it seems clear that you are avoiding answering. Do you have legal custody of the child. Yes or no. Do you have an order of suport for the child, yes or no. Simple enough. Anything else sounds like you want to cash in.
Paternity alone is not ground to approve BAH.
First, the child must be listed as a dependent on your records.
Then, if you are no married/living with the child, then either there must be a court order for support or divorce decree showing support, or you won't get even partial BAH.
Paternity alone is not ground to approve BAH.
First, the child must be listed as a dependent on your records.
Then, if you are no married/living with the child, then either there must be a court order for support or divorce decree showing support, or you won't get even partial BAH.
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SPC (Join to see)
With all due respect sir I've I said I do have costudy that he's my dependent though
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SPC (Join to see)
I have stated that he is on my deers and receives tricare after numerous nco insinuate that I have not used my company chain of command or support I have ignored most responses cause I got the answer I was searching for sir
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Maj (Join to see)
He may be listed in deers, be with you, and receive Tricare and still that is not enough to be in receipt of BAH. Do you have LEGAL (PHYSICAL) CUSTODY or a COURT ORDER OF SUPPORT?
The system is set up so that only a custodial parent or one required to pay support can receive BAH. To be a custodial parent, in particular for a father, you need to be on the birth certificate AND, if not married to the mother, have a court spell out that you have physical custody of the child. Then the Army may have other hurdles.
Like I say just about every time someone comes here seeking legal advice, you need to get yourself to legal assistance so they can go over the ins and outs of NC law (as well as the law of the state where the child was born, or last resided, etc).
The system is set up so that only a custodial parent or one required to pay support can receive BAH. To be a custodial parent, in particular for a father, you need to be on the birth certificate AND, if not married to the mother, have a court spell out that you have physical custody of the child. Then the Army may have other hurdles.
Like I say just about every time someone comes here seeking legal advice, you need to get yourself to legal assistance so they can go over the ins and outs of NC law (as well as the law of the state where the child was born, or last resided, etc).
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The Army can do anything as long within regulation. You should get a feed back from personnel why your paperwork for your bah got denied. I use to work in the orderly room. Soldier bah get denied all the time either missing paperwork or personnel mess it up. Dont give up if you are entitle to bah. Go back to the orderly room. Take your SL with you.
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You should first of all utilize your chain of command and then if they give you a vague, half hearted answer then I'd go talk to IG. It's your responsibility to know your rights in accordance with the UCMJ. However if you do decide to go directly to your CSM without first going through your chain of command you could face article 15 charges.
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No you shouldn't go directly to your CSM for something like this. What you should do is get a copy of your sons birth certificate and complete the proper paperwork to include child support paperwork and custody paperwork if you have it. You are not authorized to receive BAH unless you have proper documentation, you having a child doesn't automatically give you BAH.
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Wow. Some of these aren't very helpful. But here we go. Rank has nothing to do with it. Finance requires certain paperwork to ensure everything is on the up and up. That sgt obviously had it. Get with your leadership staring with your team leader and start inquiring why and what you need to do to fix it. If your first line supervisor can't handle the simple task of engaging finance then you need to respectfully let him know you want to take it higher to the squad leader and so forth. Always give your leadership the opportunity to help you that is a big part of what we are here for.
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Wow, alot of folks here shredding this kid up over this topic. He came here to ask for advice and I've seen even SNCOs treating him like crap. Actually reach out and HELP the soldier. Stop the "Stay in your lane" nonsense. I'm actually hoping the DS who told him to learn his warrior tasks actually goes back to read the Charge of the NCO and the NCO creed again.
OP, contact DFAS, get ahold of your training room clerk, use your CoC and ask the question. DO NOT STOP until you have a clear answer. Make sure you use the CoC (cannot emphasize that enough.) This way it keeps you from a world of hurt in the long run. They're going to know the regulations a littlebit more.
OP, contact DFAS, get ahold of your training room clerk, use your CoC and ask the question. DO NOT STOP until you have a clear answer. Make sure you use the CoC (cannot emphasize that enough.) This way it keeps you from a world of hurt in the long run. They're going to know the regulations a littlebit more.
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The rule of thumb to start receiving BAH is that your son needs to be with you a certain amount of days in your custody to be able to receive that benefit it does not have to deal with your rank. Get savvy on policy for finance or even ask them they will better assist. You with that.
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First of all your a private so that clicks in my head you don't know much. Before you worry about another Non Commission Officer learn your Warrior Task or at least take apart a M500. Two instead of putting this on social media why don't you pick up a regulation and read how to qualify for BAH.
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SSG Dennis Wood
Rank does not have privileges in the Army, any leader who says that in the Army is a complete turd and has no right to be in the position of safeguarding a soldier's welfare. But that's just an Army thing I guess.
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SFC Rick Brooks
scpo baker should take his own advice it is a good NCO's job to take care of his soldiers telling them like it or get out is the ans. I would never give. I would not follow that e8 to the latrene
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As a PFC, your a low man on the totem. Of course, a Sgt is gonna get Bah before you, and taking that to your Sgt Major is only gonna get you told the same thing that these men are telling you here. The Sgt Majors gonna tell you that what is given to a Sgt is nothing to do with you. His situation and yours have nothing to do with one another. If you do go to your Sgt Major, just discuss your situation, not anyone else's unless you want to be shot down by him also and probably reprimanded. That's just a little advice, do with it what you will
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Speaking from a personal experience, if you have any custody at all you should be given housing or BAH. Because you can't have a child stay with you in the barracks. You need your court documents showing you have custody. Then take that to finance.
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Do you have full custody of your son? when you joined did you sign a waiver to your custodial rights for the first contract? If not then you are entitled to BAH to house that defendant
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You should not need physical custody of your child, but you must prove it is your child and that you are providing support. There are also policies to place lower enlisted on base so as not to put them into financial hardship.
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CW5 Jack Gaudet
I would recommend reading the DoD Financial Management Regulation, Chapter 26. Go down to section 260406 and read through that section to see if there is applicable information to you. This is not intended for you to throw in anyone's face but for you to be informed when you are speaking to someone. As it was pointed out in other dialogues, do not jump your chain of command, it could be detrimental in the short and long run. You do not have to get their permission but you do have to inform them if you are going up the chain. If you are going to the IG, their first question should be "Have you talked with your unit?" Your rank should have no bearing on your entitlement to provide support to a legitimate dependent. While you have your son in DEERS, it may be pending a verification. DEERS is not necessarily for financial purposes but is an eligibility entitlement system for medical eligibility or other things under DEERS.
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Army cannot deny an E3 Basic Allowance for Housing (BAH); BAH is an entitlement based on rank. If an E3 with a dependent and an E5 without dependents reside in the same housing, at the same cost then, the E5 will get more than the E3 due to rank; however, the E3 must not be denied this allowance. Active Duty personnel in such a predicament should study Title 37 United States Code, Section 204(a) (1).
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CPT Gurinder (Gene) Rana
Your comparison of your rank against another demonstrates that you are jealous and frustrated with your position. Don't give others this impression please, it only goes against you. Control your emotions and concentrate on your duty; aim to exceed set standards and your BAH, COLA and other allowances will automatically be your's along with promotions, and awards. SGM Marquez is absolutely correct in this matter.
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It appears this was a while ago and seems the pvt is no longer seeking advice. For anyone else, my experience was if you are e-5 and below, and single, getting BAH will be difficult. Cutting through all the BS, use your chain of command. If you do not have a good relationship there, start with your company HQ personnel. Based on my own experience, most Jr NCOs know as much as you do, maybe less. Regardless, if you feel you are entitled to whatever, seek advice within your direct chain. If you are squared away and respectful, most will be willing to assist. Another source could be the Chaplain's office, especially in light of the custody issue. At the very least, adjutant office can at least provide legal background for filling a claim if you are refused.
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The process was simple in my unit first go to headquarters platoon talk to the guys there about helping you many times they can help more then anyone else.
I was a 14-J in headquarters platoon and helped soldiers all day with pay discrepancies and often times had to help them understand why if they where denies. sometimes it's just a simple mistake or not enough to show reason for collecting BAH pay.
I was a 14-J in headquarters platoon and helped soldiers all day with pay discrepancies and often times had to help them understand why if they where denies. sometimes it's just a simple mistake or not enough to show reason for collecting BAH pay.
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