How to receive BAH at losing installation rate when family stays behind for 180 days after report date per this year's NDAA?

2019-03-19T07:16:29-04:00

I have a question that no one seems to be able to answer so far.

In this year's NDAA, Section 604, entitled "HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES, AND THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING A PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES" there is a provision (among other things) for qualifying dependents to either:

PCS up to 180 days prior to the report date on SMs orders and for the SM to then receive BAH at the rate of the gaining installation (the location of the dependents)

or

PCS up to 180 days after the report date on SMs orders and for the SM to then receive BAH at the rate of the losing installation (the location of the dependents)

How can SMs take advantage of this legislation?

For example, I am on orders to report to Fort Leavenworth for ILE in July. My wife (who is eligible due to her full time employment) would like to remain here at Fort Meade for 180 days after my report date. According to the NDAA, I should be able to receive BAH at the Fort Meade rate during this time period, but no one seems to be able to tell me how to do so.

Response by 1SG Private RallyPoint Member made Mar 19 at 2019 7:54 AM

2019-03-19T07:54:51-04:00

What should happen is the Army Secretary builds policy for implementation within the service after legislation such as this to bridge the gap until a regulation update. Depending on the verbiage of the legislation, it might say that the "Secretaries may implement policies that best allocate resources provided by Congress", which basically means they can spend it if they want to. A rapid change would be announced by MILPER message. That is where to look.
You'll need it in writing, because not every finance shop is up on their MILPERs.

Response by SFC Private RallyPoint Member made Mar 19 at 2019 10:51 AM

2019-03-19T10:51:17-04:00

I've seen something similar where branch managers authorize a BAH waiver and that's added to the SMs orders in the special instructions. The spouse remains at the losing station while the SM attends school.

Response by SFC Private RallyPoint Member made Mar 19 at 2019 12:10 PM

2019-03-19T12:10:05-04:00

You would have to request an exception to policy for your spouse to remain at your current location. HRC Officer branch is the approving authority. I’m out on convalescent leave so I’m not able to send you an example. You can call officer assignments at HRC and they should be able to assist. Your BN CDR is the recommend approval authority and it is done in memorandum format.

I just want you to know it isn’t an easy process. If your spouse isn’t a school teacher or receiving specific medical care, it will not get approved. If she is a school teacher, then it will only be approved up to the time school is out. In my last unit I submitted one for a SM and it got disapproved. When I called HRC to inform them the SM spouse was a school teacher, they told me it should have been included in the request, so I had to re-submit with documents from the school she worked at verifying she is employed at the school. Once they received the updated packet they approved it. Unfortunately having a spouse that is employed is not grounds for an exception to policy, if that was the case majority of SM will be granted the ETP because most are in the same situation (no disrespect intended). You will not be able to request the ETP once you arrive at your gaining unit.

Also the 180 relocation of family members usually refers to personnel that are in hardship assignments.

I hope this helps, good luck to you....

Response by CPT Aaron Kletzing made Mar 19 at 2019 12:21 PM

2019-03-19T12:21:28-04:00

This is one reason I love RallyPoint -- I read this question in the thread and had no idea what the answer could be. Then I blink and 3 Senior NCOs have already chimed in with great insights. It's stuff like this that you really can't get anywhere else. :-)

Response by MAJ Private RallyPoint Member made Mar 19 at 2019 6:45 PM

2019-03-19T18:45:43-04:00

Thanks everyone! A better answer for my situation is that HRC allows a BAH waiver for Professional Military Education (see ALARACT 097/2016 ‐ BASIC ALLOWANCE FOR HOUSING (BAH), OVERSEAS
HOUSING ALLOWANCE (OHA), AND COST OF LIVING (COLA) SECRETARIAL WAIVER
GUIDANCE) whereby HRC allows my family to remain at my current duty location after I PCS and receive BAH equivalent to their location for the entirety of the time I am in ILE. Shout out to the folks at S1NET for straightening me out!