What do dual-military members get for BAH when they have children and are not co-located?

SGT Private RallyPoint Member — Tue, 28 May 2019 22:07:35 -0400

I am Active Duty E5, in the Army, and my husband is Active Duty E4, in the Marine Corps. We are currently stationed apart, and up until this past weekend both of us were living in our separate barracks. I am 28 weeks pregnant and completed the process to begin receiving BAH for myself and the baby. Up until now, I was under the impression that I would receive the w/o dependant rate until the baby was born, and after the baby is born I will receive the w/ dependent rate, and upon the baby's birth my husband will also begin receiving BAH at the w/o dependants rate, (due to the baby living primarily with me). Now, my S1 is the kind of S1 that doesn't answer questions for us, they make us look it up for ourselves and then tell us if we're right. So, I was under the impression that I was right, due to the phrasing of the regulation. But, upon completing my BAH packet today with the housing office I asked one of the main guys that work there and he told me that my husband would NEVER be entitled to BAH (while we are stationed apart), even after the baby is born. I can't see how this would be possible, my husband and I would obviously BOTH have 100% custody of the child, I just will be the primary caregiver. We still plan to visit him and the baby will eventually live with him while I deploy, so he should be able to create a home for his family... right? The guy said no, that the military wants to save money so only one of us will receive BAH and when/if the baby ever does go to permanently stay with him THEN he will have to begin the BAH process.

I'm hoping maybe a 42 series with more knowledge on this subject, or maybe someone who is also dual-military, stationed apart, with children, could answer this question for me. I THINK I'm reading the reg right, but I know with BAH a lot can be at the commander's discretion, or up to the base policy.

Response by SFC Private RallyPoint Member made May 28 at 2019 10:22 PM

SFC Private RallyPoint Member — Tue, 28 May 2019 22:22:47 -0400

The Army did away with Geographical Bachelor so you should have been receiving BAH without dependent. I'm not sure what the Marines policy is but I have included the information for Army.

Although you are married and will share custody both of you will never receive BAH W/Dep, only one can claim the child in DEERS. If you’re not living in the same household, you both won’t have 100% custody. You’ll be the custodial parent which means the child will reside with you so you’ll have custody over 50% of the time. I hope this helps you with what you’re trying to do. Print out the below article and take this to your S1 and Platoon Sergeant. You should have been allowed to move out of the barracks once you got married.

Good Luck to you.....

https://www.thebalancecareers.com/army-announces-end-to-geographic-bachelors-3353934

Army Announces End to Geographic Bachelors

The Army announced an end to the geographic bachelor program. Soldiers drawing a housing allowance who have dependents can no longer live in barracks.

Response by CWO3 Private RallyPoint Member made May 28 at 2019 10:52 PM

CWO3 Private RallyPoint Member — Tue, 28 May 2019 22:52:33 -0400

I think you meant that your husband holds the rank of Corporal, as a Non-Commissioned Officer of Marines. Good luck with the baby.

Response by SGT Nicholas M. made May 29 at 2019 12:07 PM

SGT Nicholas M. — Wed, 29 May 2019 12:07:59 -0400

Here is what you need to know. Whoever the child lives with, is who is entitled to BAH at the "with dependent" rate. The other Service Member will not be entitled to BAH since you are both active Service Members, neither of you are "dependents" of the other.

I just went though this same thing less than 2 months ago when I married an Army Service Member of the same rank. I had always been told that "the higher rank will receive BAH at the 'with dependent' rate" which is no longer true. We live together and we both receive BAH at the "without dependent" rate, BUT housing takes the "with dependent" rate from her paycheck since she was promoted a month before me, so I have to reimburse her with the BAH I receive at the "without dependent" rate.

The Army got rid of "geo bachelors" as someone already stated, and you are correct in your comment below where you quoted, "we are not entitled to anything unless single Soldiers, of our rank, are entitled to the same.". You can always apply for an exception to policy through your command team with a justification on a 4187 but it sounds like you are being taken care of.

Since you and your husband are separated, you are the only one that should be receiving any type of BAH. Your husband cannot claim you as a dependent since you are also a service member and he will not be able to claim the kid since the kid will be living with you, in your house, paid for with your BAH at the "with dependent" rate while you and your husband are separated."

HAVING SAID ALL OF THAT... if your husband were ever to get stationed with you and reside in the same house as you, I have no clue how it would work being different service branches, but if you were both Army, he would receive BAH at the "without dependent" rate while you would still receive BAH at the "with dependent" rate.

Response by SCPO Jason McLaughlin made May 29 at 2019 12:23 PM

SCPO Jason McLaughlin — Wed, 29 May 2019 12:23:39 -0400

You will receive BAH w/Dependents. He may be entitles to Family Separation Allowance (FSA) Type II ($250).