Posted on Oct 8, 2019
Is it illegal to cut a 42-days orders into 3 orders so that the unit doesn't pay BAH and that I won't get Tricare coverage?
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I'm on ALC with 3 phases, and each phase is 2 weeks. My unit cut the orders on 15, 15 and 12 days. This disqualify for full BAH and Tricare. Also, for DTS maybe have issues because based on travel, the last day of order I need to return to HOR.
Posted 5 y ago
Responses: 10
SFC (Join to see), your question is an assumption. As the other respondents mentioned it is more legal to cut one order per class, regardless of when they occur since orders are directing you to each specific class not a block TDY.
Additionally, you are assuming that they did it specifically to screw you over from health care benefits thus fueling your 'this must be illegal' perception.
Should they have cut on order? Maybe, depends on what saves the Army money. They could have cut one order to save on travel costs, but what if the fringe (medical) actually cost the Army more money? That is the real argument you should focus on simply because as SSG (Join to see) pointed out, the Army knows you don't need medical coverage while in ADT/ADTS status, so it is an irrelevant talking point.
Additionally, you are assuming that they did it specifically to screw you over from health care benefits thus fueling your 'this must be illegal' perception.
Should they have cut on order? Maybe, depends on what saves the Army money. They could have cut one order to save on travel costs, but what if the fringe (medical) actually cost the Army more money? That is the real argument you should focus on simply because as SSG (Join to see) pointed out, the Army knows you don't need medical coverage while in ADT/ADTS status, so it is an irrelevant talking point.
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SPC (Join to see)
With all do respect Sergeant Major, I believe your position assumes as much as the Original Posters. As others have stated here it is possible that the OP doesn't actually have a reserved spot in all phases. That being said though Active Duty orders over 30 days qualifies him and his family for tricare, BAH (in one form or another), and family separation pay (if the soldiers family cannot go with him). This is a substantial amount of money and simple health care benefits that he and his family can be missing out on. I wouldn't assume anything nefarious but it should definitely be looked into. This soldier's leadership should be looking out for him and doing so in this case would not be fraud, waste, or abuse of funding. It would be the right thing to do.
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SPC (Join to see)
So to the the OP I suggest you simply ask the question of your leadership, but don't assume they are intentionally screwing you. It is possible that they cut the orders that way for a valid reason.
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You need to contact your Unit Administrator / 1SG and Commander. You need to find out why they did the separate orders. It's not illegal. they do it all the time in the Reserve. You wouldn't be eligible for Tricare anyhow. You would miss out on partial BAH though.
I understand ALC is three phases, are you actually reserved a seat in all three phases? Sometimes you will only get the first phase and the unit will cut the orders like that in hopes you stay for the remaining phases. Talk to your UA and let us know.
I understand ALC is three phases, are you actually reserved a seat in all three phases? Sometimes you will only get the first phase and the unit will cut the orders like that in hopes you stay for the remaining phases. Talk to your UA and let us know.
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SFC (Join to see)
SFC Komarek, I understand you are eligible to tricare in order of 30 days or more, the same with full BAH. I got reserver status on all three phases. Thank you for the advise.
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Good evening SSG, I don't know if its illegal because I haven't searched the regulation that gives guidance. I can say, you are getting short changed. Everyone knows if you are on orders 30+ days, you basically would get everything Active duty would receive. All depending who's running the show at your unit will dictate if they split orders or combine into one. But most units act like tight wads and split orders to save money.
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SFC (Join to see)
Yes, that normally happens, and at the end of the FY they are looking how to expense that money. Thank you for take your time on response SSG (Join to see) .
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SSG (Join to see)
SFC (Join to see) Good evening SSG, it's no problem, I like taking the time to help people. I wouldn't worry about how the orders are broken down. Just focus, pass ALC, and gain more experience in your job field to move up the ladder in your civilian job.
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