Posted on Apr 9, 2015
SGT Kristin Wiley
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I have a very unique situation and am trying to figure out how to avoid a potential disaster using the appropriate methods. I am active duty Army assigned to a Marine Corps base in Hawaii under a Joint Command. Since I am a single E-5, normally I would be required to be in the barracks. Since USAG-HI has a 99% barracks occupancy rate and I am a priority II this is not an option. My command has also authorized an ETP for various reasons.

The Army Unaccompanied Personnel Housing (UPH) office told me today, that my CNA can only go to the end of my lease date. This wouldn't be a problem, but I will be TDY when my lease ends and unable to sign a new lease to get re-approved for BAH until I return. So essentially they are telling me that I will be unable to occupy government quarters and cannot receive BAH until I get a new lease.

For those of you who think it's possible to use government storage while TDY, it's not. My command has a habit of issuing TDY orders 2 days prior to departure. This is a significantly inadequate amount of time to put in a 30 day notice to break my lease and arrange government storage. There are additional circumstances that also prevent this.

From what I understand of regulations, there is no 'lease' requirement for a CNA or to accrue BAH. However, this is what the UPH office insists on. I've been in this same situation before and was basically homeless for two weeks because of it (still working to rectify with finance). In six months, I am looking at being essentially homeless once I return from my TDY unless I can come up with a solution. I am in the process of addressing this with my command, but would appreciate any advice that could help.
Edited 9 y ago
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Responses: 5
SFC Mark Merino
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Special power of attorney limited to ONLY the documents requiring signature under your name. If your CoC is making this dilemma happen again and again, I would go to the commander and request that you make the cdr, xo, or S-1 be your POA. Watch this situation resolve itself with a super-mega-quickness.
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SFC Mark Merino
SFC Mark Merino
9 y
By putting it on your cmdr, I believe it will be dealt with properly. That stuff is just phone calls to the riht people when you get to the command level. Either way, this more than justifies a one on one with the cmdr. They have to know that they are placing you in jeopardy. They owe it to you to help, but you owe it to them to be able to explain themselves to the BDE Cmdr should they need to go that high. I've had many a CPT thank me for keeping them in the loop when I was TDY.
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SGT Kristin Wiley
SGT Kristin Wiley
9 y
Joint command, they don't know how to deal with Army at all. That's how I was homeless for two weeks a few years ago, because I trusted them to handle it. My Army Element SEA knows, but basically told me I need to find a way to get a lease to cover that time period. No one will sign a lease 5 months before the fact, especially in a limited housing market like Hawaii.
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SGT Kristin Wiley
SGT Kristin Wiley
9 y
Sir, I could prep the paperwork, but there's also the issue of them saying I have to be here in person to sign the CNA. I also have a hard time trusting anyone to establish a lease for me and Hawaii landlords are very particular. I also think that it's inappropriate for them to ask me to establish a lease and pay for a place I will not even step foot in or get the keys to for over a month. There would be no point in having someone move my personal belongings there to be left unattended. I could sign on to someone else's lease but I have done that before and my roommates stopped paying rent leaving me financially responsible. I'm working on getting my current lease extended by there are no guarantees it will be in time.
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MAJ Ken Landgren
MAJ Ken Landgren
9 y
If you are TDY what does it say about housing on the orders? Have you talked to your DTS Administrator?
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SGT Kristin Wiley
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Does anyone have any advice? I read through the regulations, and from what I could gather this is not how the process is supposed to work.
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SGT Kristin Wiley
SGT Kristin Wiley
9 y
Regulation states BAH is terminated when government quarters are assigned. They have no government quarters to assign me too, so I don't see how they can just stop my BAH because my lease is terminated.
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SGT Kristin Wiley
SGT Kristin Wiley
9 y
I don't want to step on my SEA toes by going to JAG. He is the first SEA we have that is truly working on soldier's issues. He isn't unwilling to work on my issue, but I want the regulation answer and not the 'well you could do this' answer.
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CSM Command Sergeant Major IN
CSM (Join to see)
9 y
I don't have any prior experience in dealing with this exact issue. I respect SGT Kristin Wiley trying to let her SEA resolve the issue, which in my opinion is the right thing to do. My advice to her is have an understanding with the SEA - at what point does the SEA or she bring in outside help like JAG or the IG.
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CW3 Network Architect
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Can you ask your unit to postpone the TDY until after the lease renewal?
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