What are parameters for BAH while stationed overseas unaccompanied?

2021-10-30T15:22:54-04:00

So I got a PCS overseas for 12 months and it was unaccompanied and I had to leave my wife back in the states. In May of 2021, I arrived at my overseas location and she headed out to San Francisco. We chose there because she has an Aunt who lives there, we found a super cheap (yet decent) place for her to live and it was thought she could finish her student teaching out there and get her degree.

Unfortunately something happened and she had to return to Kansas in June to do her student teaching which she just finished, but last month, her Dad was diagnosed with cancer. I told her to stay out there and be with him and she did and my leave for Christmas/NYE just got approved and I will go back to Kansas to see her and her whole family so I told to just stay there until after my leave is over (Jan 04, 2022) and then she'll return to San Francisco.

We maintain an apartment and pay rent every month still even though she's not physically there and I'm hearing that's BAH fraud??? People are saying I'll need to pay back the difference or whatever during those months she was gone if it's investigated which it might be since San Francisco is the highest BAH location. The lease is 12 months and I can't break it and I've been paying it and have proof of all payments. Can the Army do that? How is it considered fraud just because she had to leave for a few months? She doesn't even have a Kansas address or anything, just been living at her parent's basement while there. The only active address and lease in the USA with her name associated to it is the San Francisco one. Please help!

Response by SSG Private RallyPoint Member made Oct 30 at 2021 4:39 PM

2021-10-30T16:39:16-04:00

Yes. they can do that. BAH is paid to the physical location of the spouse regardless of where yall rent an apartment. You 100% can break the lease, its called the military clause. The issue you will run into is the fact that your home of record seems to be Kansas, you were stationed overseas PRIOR to her renting an apartment in San Francisco, and then you ADMITTED on a public forum that she is residing in Kansas once again. You will in fact likely be required to pay back the difference in BAH.

Word of advice, when signing a lease, ensure there is a military clause. Also, don't pick the most expensive place in the country to live, especially when your wife is only doing "student teaching", and for the love of god, dont post this on a social medial platform again.

Although you may think yall are in the right, you literally admitted to committing BAH fraud by stating that your wife was residing in Kansas. This is punishable under the UCMJ just so you are aware.

Response by CSM Darieus ZaGara made Oct 30 at 2021 5:27 PM

2021-10-30T17:27:38-04:00

You will continue to draw at the same rate for where your Familyvresides. You need to ensure all of your paperwork addresses it.

Response by SFC Private RallyPoint Member made Oct 30 at 2021 5:49 PM

2021-10-30T17:49:53-04:00

You automatically invited CID to investigate when you claimed San Francisco. That's like walking into a new unit claiming to be a Ranger and not expecting to get Tab Checked.

You will probably be investigated but bah is paid to your residence not to where you are physically located. If your spouse is maintaining an apartment with a lease but vacationing somewhere else you should be fine. However, if your spouse closes her lease, moves away, and you continue to claim the highest BAH in the country, then you're painting a target on your back.

Stop talking to other SPC unless they happen to be Finance or CID because all they know is what they heard from a friend of a friend of a friend and they don't know what they're talking about. Always go to the source. If you're worried you may have to pay something back go talk to the actual finance people on your post. Not the E4 processing leave, the crusty old civilian or SFC who's been doing this since you were born.

Response by Sgt Private RallyPoint Member made Oct 30 at 2021 9:38 PM

2021-10-30T21:38:14-04:00

Your wife did not leave for a couple of months. It has been five months and counting. Why did you not talk to Finance in June?

Response by SGT Erica Smith made Nov 1 at 2021 5:38 AM

2021-11-01T05:38:45-04:00

Yeah. This is probably not going to go well for you. Multiple months she has been in a different location? I’m currently OCONUS and they made a big deal about BAH fraud in the finance brief. Everyone who claims the Bay Area, DC and NYC is open for possible investigation due to the high number of service members committing fraud while stationed OCONUS. You need to go speak to finance immediately and attempt to rectify this prior to them “catching” you. Hopefully you can just pay back the money versus being charged and convicted of fraud.