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?

2019-10-08T16:21:05-04:00

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.

Response by SGM Private RallyPoint Member made Oct 8 at 2019 4:42 PM

2019-10-08T16:42:14-04:00

What is your question?

Response by SGT Javier Silva made Oct 8 at 2019 4:51 PM

2019-10-08T16:51:15-04:00

SFC Private RallyPoint Member It is not illegal; however, you can have a discussion with legal about your concerns, if you need a more definitive answer. If the unit wanted to, they could have you return to HOR after every phase. HOR is home of record. Your current home of record is whatever state you live in while you drill for the reserve unit. Orders are always paid as HOR -> Duty and then Duty -> HOR.

Response by MSG Private RallyPoint Member made Oct 8 at 2019 4:53 PM

2019-10-08T16:53:16-04:00

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.

Response by SSG Private RallyPoint Member made Oct 8 at 2019 4:57 PM

2019-10-08T16:57:29-04:00

They are under no legal obligation to give you one straight order for all 3 phases. Plus since you are on orders, if you’re injured you’d get an LOD and tricare isn’t needed. Since usually phases end one day and start a day or two later, that is typically where they cut the order. As stated above if you are really trying to get something out of this get ahold of legal but in my opinion it’s not worth it. You’ll still be getting BAH type II which isn’t too bad for a class.

Response by CPT Private RallyPoint Member made Oct 8 at 2019 5:37 PM

2019-10-08T17:37:02-04:00

Submit 3 different DTS authorizations/voucher for each order and request POV mileage to/from for each phase

Response by 1SG Private RallyPoint Member made Oct 8 at 2019 7:26 PM

2019-10-08T19:26:02-04:00

Have you asked your UA and 1SG why the orders were cut by phase?
The answers, so far, suggest it isn't improper.
All the UA, 1SG, or Cdr can do is say no to a request to cut one ser of orders to cover the entire period.

Response by SSG Private RallyPoint Member made Oct 8 at 2019 7:33 PM

2019-10-08T19:33:42-04:00

Most units do this because of pay, not sure you would get BAH etc but in the reserves the way pay is done on orders unless they changed it since I was a UA was under 8, 8 to 29 and over 30, the over 30 you would have to report to the post finance shop if that post had one, by creating 3 sets of orders they can assure you get paid at the end of every set of orders.

Response by CSM William Everroad made Oct 9 at 2019 8:53 AM

2019-10-09T08:53:04-04:00

SFC Private RallyPoint Member, 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 Private RallyPoint Member pointed out, the Army knows you don't need medical coverage while in ADT/ADTS status, so it is an irrelevant talking point.

Response by SP5 Joseph Ascanio made Oct 11 at 2019 6:28 AM

2019-10-11T06:28:47-04:00

The unit is fucking you.

Response by SSG Private RallyPoint Member made Oct 14 at 2019 1:06 PM

2019-10-14T13:06:17-04:00

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.