E5 new to the unit without dependent approved BAH, E3 with dependent disapproved. Can they do that?

2016-06-06T14:05:30-04:00

Got shot down to receive bah for my son but a sergeant did and I have no paper trail or major mishaps I feel it's because of my rank should I go to my sergeant major ?

Response by PVT Samuel Caspers made Jun 6 at 2016 2:17 PM

2016-06-06T14:17:19-04:00

First I am going to ask why the photo you chose to post, was one of a Feldwebel in the Wehrmacht Heer?

Secondly, depending on SOP at the CO, BN, BDE, and DIV levels, he may be qualified due to his rank.

Thirdly, does your son live with you?

Response by SGM Erik Marquez made Jun 6 at 2016 2:17 PM

2016-06-06T14:17:34-04:00

1st Id suggest you stop worrying about what others did or did not get, you do not know all the background and never will.. So your ability to compare one request and result to another comparison will not be valid and reasonable.
2nd, it's really pretty simple, do you have physical custody of your child? If so, you're entitled BAH, if not, you may still qualify depending on how many days the court order has given you of physical custody. .
BAH for single SM is not authorized unless post wide, single SM housing is filled at 95%or more.
Even if that is met as a limit, as a PFC you're going to be the LAST to get BAH among others with more TIG, TIS, rank and authority.

"When a member is divorced from a nonmember, and they share
joint legal custody of a child, and the ex-spouse is awarded primary physical custody, then the
member is considered a noncustodial parent for the purpose of entitlement to BAH"

Response by SSG Private RallyPoint Member made Jun 6 at 2016 2:32 PM

2016-06-06T14:32:12-04:00

As SGM Marquez said, you need custody of the child. This needs to be a court document. Visitation alone is not enough, it must be custody either, sole, or joint.
Several posts do not have room for E5 to live in the barracks. So, BAH may be authorized for them to reside off post.
If you have joint custody of the child then goto housing. Housing will determine if you are authorized to not live in the barracks based off of DEERS, and custody agreements.

Response by MSG Private RallyPoint Member made Jun 6 at 2016 2:39 PM

2016-06-06T14:39:54-04:00

I'm just going to say this:
1) Choose a different pic.
2) Did you bother to ask your Chain of Support if they could explain why before trying to blast the decisions of your Command on this site?

Response by MSG Private RallyPoint Member made Jun 6 at 2016 2:41 PM

2016-06-06T14:41:41-04:00

Oh, one more thing........

You try and jump everyone in your Chain to get an answer from your CSM instead of trying to get an answer at the lowest level possible, not getting BAH will be the last of your worries.

Response by CW5 Jack Gaudet made Jun 6 at 2016 2:47 PM

2016-06-06T14:47:45-04:00

You should not need physical custody of your child, but you must prove it is your child and that you are providing support. There are also policies to place lower enlisted on base so as not to put them into financial hardship.

Response by MSgt Michael Smith made Jun 6 at 2016 3:39 PM

2016-06-06T15:39:01-04:00

Do you have custody of your child?

Response by SPC Private RallyPoint Member made Jun 6 at 2016 5:07 PM

2016-06-06T17:07:30-04:00

MSG Private RallyPoint Member change what pic and why??

Response by SFC Daniel Faires made Jun 6 at 2016 8:12 PM

2016-06-06T20:12:39-04:00

PFC Blair

I am glad that you as a PFC took it upon yourself knowing that many of the personnel on Rallypoint are Senior to you, that you sought and asked advice from such a diverse background of current and former personnel that have a diverse background.

I Suggest you use your open door policy and like SGM Erik Marquez said get a copy of the policy memo

Now to those that are trying to give him an order to change things

Cmon !! Seriously this was a question asked a while ago!! ( why don't the Junior Enlisted join Rallypoint more !)

The semi direct orders of changing his picture ( to me it's a ridiculous point )

How do you know he hasn't gone through his chain of concern ?

Maybe he wants to use the " open door policy" every senior NCO says they have

I implore all naysayers here to step back and say to themselves " how can I help or advise this Soldier " instead of coming down on him

--Rant over

Response by SGT Matthew Schenkenfelder made Jun 7 at 2016 7:55 AM

2016-06-07T07:55:17-04:00

You should first of all utilize your chain of command and then if they give you a vague, half hearted answer then I'd go talk to IG. It's your responsibility to know your rights in accordance with the UCMJ. However if you do decide to go directly to your CSM without first going through your chain of command you could face article 15 charges.

Response by SSG Private RallyPoint Member made Jun 7 at 2016 9:00 AM

2016-06-07T09:00:30-04:00

Doesn't rallypoint sometimes add pictures to topics based on the subject? I think I've seen several post like this before and saw someone mention this.

Response by Maj Private RallyPoint Member made Jun 7 at 2016 9:00 AM

2016-06-07T09:00:32-04:00

After reading the responses, it seems clear that you are avoiding answering. Do you have legal custody of the child. Yes or no. Do you have an order of suport for the child, yes or no. Simple enough. Anything else sounds like you want to cash in.

Paternity alone is not ground to approve BAH.

First, the child must be listed as a dependent on your records.

Then, if you are no married/living with the child, then either there must be a court order for support or divorce decree showing support, or you won't get even partial BAH.

Response by SFC Private RallyPoint Member made Jun 7 at 2016 10:01 AM

2016-06-07T10:01:16-04:00

The answer is very simple, AR 608-99

Response by 1SG Private RallyPoint Member made Jun 8 at 2016 9:46 AM

2016-06-08T09:46:16-04:00

PFC

Too many unknowns to give you the real answer. Do you have custody? Does your unit have you living in the barracks? The Sergeant is another issue that hardly concern you. Be a man and talk to your first line supervisor. If that don't work, tell them you want to speak to the next higher up, etc, etc..... Don't post part of the story and have people try to figure out why. Get all the fact together on your situation then ask your chain of command at the proper level.

Response by Cpl Justin Goolsby made Jun 8 at 2016 11:02 AM

2016-06-08T11:02:53-04:00

Well Sgts typically rate BAH to get them out of the barracks. Is your dependent in your military record? Is he actually your son or did you adopt? If he's not actually your kid or you haven't registered him with the personnel to get him added to your military record, then no you wouldn't rate BAH. But if you have him documented, then you should rate BAH. It's not a command decision, it's a personnel decision. You should talk to your personnel department. For Marines it's DEERS/RAPIDS/IPAC. Not sure what it is for Army.

Response by SFC(P) Private RallyPoint Member made Jun 8 at 2016 12:28 PM

2016-06-08T12:28:23-04:00

The Army can do anything as long within regulation. You should get a feed back from personnel why your paperwork for your bah got denied. I use to work in the orderly room. Soldier bah get denied all the time either missing paperwork or personnel mess it up. Dont give up if you are entitle to bah. Go back to the orderly room. Take your SL with you.

Response by SPC Private RallyPoint Member made Jun 9 at 2016 6:23 PM

2016-06-09T18:23:44-04:00

Do you have full custody of your son? when you joined did you sign a waiver to your custodial rights for the first contract? If not then you are entitled to BAH to house that defendant

Response by SFC Private RallyPoint Member made Jun 9 at 2016 8:23 PM

2016-06-09T20:23:25-04:00

PFC Blair, Let me rehash this for a minute,

You are asking if you should get full BAH for your son and be allowed to move off base? However, based on your other answer, you are already receiving BAH Diff, and you are the non custodial parent, is that correct?

If so, based on those facts alone, the commander is the only one who can authorize you to move off base. As a PFC he's very unlikely to do so unless the barracks are full. Unfortunately that's the reality of your situation as a single soldier.

As has been previously stated, if you have primary physical custody of more than 50% of the year or 6 months out of the year, you are then authorized full BAH and have to move out of the barracks. Going to your CSM won't change the policy or your situation for the better based on all the information you have given us.

I'll also caution you about comparing your situation to the SGT's. One yes his rank will play into the decision of housing, as typically NCOs are more frequently given permission to live on the economy over Junior soldiers based on their demonstrated performance.

Response by SFC(P) Private RallyPoint Member made Jun 9 at 2016 10:05 PM

2016-06-09T22:05:56-04:00

was your child born before you joined or while you were in. cause that actually plays a big factor...

Response by CSM James Winslow made Jun 10 at 2016 4:29 AM

2016-06-10T04:29:18-04:00

Hard to say without a closer look at your particular situation. If you want clarity, go visit the IG and ask them. They will sort out the truth for you.

Response by LTC Chad Uhl made Jun 10 at 2016 11:09 AM

2016-06-10T11:09:39-04:00

It is based on rank. Most bases have a policy for E-5s and above, and E-4s and below (E-6s on some installations). If you don't have more than 50% (by court order) custody AND the child resides with you more than 90 days consecutively, you do not get BAH. Rank is exactly the basis for this, as you have not earned the pay and responsibility of living off base unless you have a family that lives with you.

Response by CPT Private RallyPoint Member made Jun 10 at 2016 11:15 AM

2016-06-10T11:15:00-04:00

Without shared or sole custody you are only authorized BAH-diff. But you have to be paying child support to get it.

"BAH-Diff is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a basic allowance for housing solely by reason of the member's payment of child support. A member is not entitled to BAH-Diff if the monthly rate of that child support is less than the BAH-Diff."

Response by WO1 Private RallyPoint Member made Jun 10 at 2016 1:52 PM

2016-06-10T13:52:42-04:00

It's probably because you do not have full custody

Response by SSG Private RallyPoint Member made Jun 10 at 2016 1:56 PM

2016-06-10T13:56:56-04:00

Speaking from a personal experience, if you have any custody at all you should be given housing or BAH. Because you can't have a child stay with you in the barracks. You need your court documents showing you have custody. Then take that to finance.

Response by PO1 Private RallyPoint Member made Jun 13 at 2016 11:36 AM

2016-06-13T11:36:06-04:00

SGM Marquez is right. I'm Navy, but both times I reported overseas (as an E-5), because all the E-4 and below were filling up the barracks, there wasn't room for me, and all I needed was an SNA/LNA(Statement/Letter of Non-Availability, depending on whom you talk to) from the BEQ manager, and my request for OHA (Overseas Housing Allowance - almost the same as BAH) was automatically approved. It's also a DoD-wide policy that anyone with dependents listed on their service record (Page 2 for Navy) is automatically entitled to BAH since a BEQ/BOQ is not a suitable location for co-habitation of any dependents, especially children.

Response by PFC Mark Blankenship made Jun 28 at 2016 2:14 PM

2016-06-28T14:14:55-04:00

As a PFC, your a low man on the totem. Of course, a Sgt is gonna get Bah before you, and taking that to your Sgt Major is only gonna get you told the same thing that these men are telling you here. The Sgt Majors gonna tell you that what is given to a Sgt is nothing to do with you. His situation and yours have nothing to do with one another. If you do go to your Sgt Major, just discuss your situation, not anyone else's unless you want to be shot down by him also and probably reprimanded. That's just a little advice, do with it what you will

Response by SFC Private RallyPoint Member made Aug 16 at 2016 9:25 AM

2016-08-16T09:25:49-04:00

Before you go running to the CSM, have you discussed this with your Squad Leader, Platoon Sergeant or First Sergeant to find out exactly why this was denied? You can't just jump to the top of the chain of command because you don't like the answer or don't understand something. If that was the case, why stop at the CSM, just go see the installation commander, or on your four day weekend take a drive up to Washington DC and ask to speak with the Commander in Chief? Start at the lowest level and ask for an honest explanation about why you were denied BAH. That means they need to get with your company operations NCO and make you an Appointment with the S1. If they can't give you an answer then you let your PSG and 1SG know that you would like to take this matter higher and would like to speak with the CSM under his "Open Door Policy". If you jump the chain of command they can legally punish you under Article 15 of the UCMJ.

Response by SGT Private RallyPoint Member made Aug 16 at 2016 12:41 PM

2016-08-16T12:41:07-04:00

It was not your chain of commandbwho turned down your request but Finance or DFAS. Finance qualifies service member's entitlements and benefits. Even if you have a child if you don't have physical custody then you can't have a full BAH. You may want to apply for BAQ-Diff if you don't have physical custody of your child but you have to make sure that your child support is equal or higher than your BAQ-Diff.
Don't compare yourself with another SM. You don't know their situations.

Response by CPT Tom Monahan made Aug 17 at 2016 7:40 AM

2016-08-17T07:40:22-04:00

Question: We're you married at your time of induction? If no, did you demonstrate that you were not the guardian of a child. If you did, that child is not the responsibility of the Army. I once chaptered a soldier out for fraudulent enlistment who complained to our Div CDR that she couldn't get service for her special needs kid. She had assigned guardianship of the child to a relative and after training tried to bring the kid back as her dependent.

Response by SCPO Don Baker made Aug 17 at 2016 7:44 AM

2016-08-17T07:44:13-04:00

RHIP. Live with it or get out.

Response by TSgt Eric Lewis made Aug 17 at 2016 8:02 AM

2016-08-17T08:02:09-04:00

Review regs for BAH, and make sure you qualify. If you are a single parent you must have custody for the majority of the year, documented, to receive BAH. There are also rules on for those without dependents. Make sure you know the Rev before doing more. Going to your Sgt Major is a good idea if you want guidance, but don't go to him if your going to wine.

Response by LCpl Ferdinand Hughes made Aug 17 at 2016 8:28 AM

2016-08-17T08:28:06-04:00

1st, do you have physical custody or custodial rights? 2nd, where are you residing? If you are living in the barracks, then you can get BAH Diff only if you are paying child support and you have the documentation to prove it. You reside out of in town and don't have physical custody and pay child support, then you can get BAH with dependents for child support purposes only.

Response by SFC William (Jesse) Hogue made Aug 17 at 2016 9:47 AM

2016-08-17T09:47:22-04:00

I would recommend you talk to your post finance and have them explain to you BAH type 1 and 2.

Response by SFC Private RallyPoint Member made Aug 17 at 2016 9:48 AM

2016-08-17T09:48:01-04:00

First of all your a private so that clicks in my head you don't know much. Before you worry about another Non Commission Officer learn your Warrior Task or at least take apart a M500. Two instead of putting this on social media why don't you pick up a regulation and read how to qualify for BAH.

Response by SFC Paul Null made Aug 17 at 2016 11:21 AM

2016-08-17T11:21:37-04:00

BAH is to help provide housing for your family, regardless what rank you are. If you are single without family members, you are not authorized BAH unless there is no room in n the barracks for an NCO. The proper paperwork that you need is: Marriage Licenses, Birth Certificates and Copies of your Orders stating that you have accompanied family members!

Response by SFC Private RallyPoint Member made Aug 17 at 2016 11:22 AM

2016-08-17T11:22:13-04:00

The rule of thumb to start receiving BAH is that your son needs to be with you a certain amount of days in your custody to be able to receive that benefit it does not have to deal with your rank. Get savvy on policy for finance or even ask them they will better assist. You with that.

Response by SPC Kari Grove Wright made Aug 17 at 2016 1:09 PM

2016-08-17T13:09:30-04:00

As a finance soldier, you have no clue what his status is. This causes soldiers problems. I'm not sure why you were denied BAH. If you give me more details I can try to help explain this to you. The E5 might have custody of a child during the summer, or is taking care of a parent. Needless to say pay for civilian is private in the work place, and so should in the military. Nothing is the same across the board. It is all situational. Are your dependents living with you off post? Are you in housing? Do you eat at the dfac?

Response by Sgt Michael Rogers made Aug 17 at 2016 2:20 PM

2016-08-17T14:20:52-04:00

You can always inquire just be nice and do it on the qt

Response by CWO3 Private RallyPoint Member made Aug 17 at 2016 2:22 PM

2016-08-17T14:22:21-04:00

First and foremost, Did you use your Chain of Command?
if not why?, Didn't you get brief by your recruiters or your administrative personnel as a Single-Parent.
To me the law's governing basic housing allowance has changed over the years since I've been retired. But the bottom line to your main question that you posted is you didn't quality for BHA, but a Sergeant did? Come on Soldier, I know you have some intelligence and I also know that if you had gone to your Platoon Sergeant or Platoon Commander this question that you're asking this forum for answers is, in this Chief Warrant Officers opinion is out of line and disrespectful to your Chain of Command. Starting with your Platoon Level.
CWO3 J.K. Kaupe, Jr. USMC, ( Ret ) 1972-1994

Response by SSgt Private RallyPoint Member made Aug 17 at 2016 2:59 PM

2016-08-17T14:59:35-04:00

If you are paying child support and do not have physical custody you rate partial BAH. If you have full custody you rate BAH with dependents. If you are somewhere in between it depends on how much visitation time you have. A couple weeks in the summer is not going to get you BAH but there is a certain point where they will have to give it to you as you cannot keep a child in the barracks and a hotel every other weekend for visitation is not conducive to good parenting.
If there is not a court order you will be hard pressed to get anything to support your child as that is what the BAH is supposed to assist with.
The E5 that received BAH has nothing to do with your case. Why he received it may have to do with just his rank rating BAH on-rite at that command and not about him having dependents.

Response by Sgt Private RallyPoint Member made Aug 17 at 2016 5:35 PM

2016-08-17T17:35:52-04:00

Bro you should go to ipac is your son enrolled in deers if so you rate some kinda bah if he lives with you you should rate bah with depend and if he don't you should rate bah diff but if he isn't enrolled in deers then that's why you don't rate bah I'm pretty sure your nco's failed you but that may not be the case

Response by PO2 Mike Vignapiano made Aug 17 at 2016 6:08 PM

2016-08-17T18:08:40-04:00

I'm sure it's not as simple as you say. Do you have your dependent living with you full-time?
Is your command housing 95% of more occupied? Does your command have a standing order that E-3's and below cannot receive BAH unless married or court-ordered to pay child support? Maybe that E-5 has a dependent he doesn't acknowledge (dead beat dad) but the baby momma got a court order?
See all the possibilities and how vague your post is?
I would resubmit your request with any documents supporting your claim such as birth certificate , a lease &/or a court order to pay support

Response by SPC Ruth Duffer made Aug 17 at 2016 6:25 PM

2016-08-17T18:25:15-04:00

Sgt Major ..last choice !! Man up Butter Cup !! Earn Your Right !!

Response by Cpl Anthony Oliver made Aug 17 at 2016 11:24 PM

2016-08-17T23:24:20-04:00

New question why should that e3 make more than the e5 when I left the Marines as an e4 I had a boot private in my unit making more than . It's about country not money are at least it should be

Response by SSG Joshua Sandor made Aug 18 at 2016 3:19 AM

2016-08-18T03:19:29-04:00

NCOs do not live in the barracks therefore they receive bah regardless of dependent status or marital status. That being said stay in your lane pfc

Response by PV2 Chris Alzner made Aug 18 at 2016 9:19 AM

2016-08-18T09:19:32-04:00

The process was simple in my unit first go to headquarters platoon talk to the guys there about helping you many times they can help more then anyone else.
I was a 14-J in headquarters platoon and helped soldiers all day with pay discrepancies and often times had to help them understand why if they where denies. sometimes it's just a simple mistake or not enough to show reason for collecting BAH pay.

Response by SPC Don Wynn made Aug 18 at 2016 6:59 PM

2016-08-18T18:59:10-04:00

It appears this was a while ago and seems the pvt is no longer seeking advice. For anyone else, my experience was if you are e-5 and below, and single, getting BAH will be difficult. Cutting through all the BS, use your chain of command. If you do not have a good relationship there, start with your company HQ personnel. Based on my own experience, most Jr NCOs know as much as you do, maybe less. Regardless, if you feel you are entitled to whatever, seek advice within your direct chain. If you are squared away and respectful, most will be willing to assist. Another source could be the Chaplain's office, especially in light of the custody issue. At the very least, adjutant office can at least provide legal background for filling a claim if you are refused.

Response by SPC John Lebiecki made Aug 18 at 2016 7:03 PM

2016-08-18T19:03:44-04:00

Wow, alot of folks here shredding this kid up over this topic. He came here to ask for advice and I've seen even SNCOs treating him like crap. Actually reach out and HELP the soldier. Stop the "Stay in your lane" nonsense. I'm actually hoping the DS who told him to learn his warrior tasks actually goes back to read the Charge of the NCO and the NCO creed again.

OP, contact DFAS, get ahold of your training room clerk, use your CoC and ask the question. DO NOT STOP until you have a clear answer. Make sure you use the CoC (cannot emphasize that enough.) This way it keeps you from a world of hurt in the long run. They're going to know the regulations a littlebit more.

Response by 1SG Private RallyPoint Member made Aug 19 at 2016 4:48 PM

2016-08-19T16:48:59-04:00

Wow. Some of these aren't very helpful. But here we go. Rank has nothing to do with it. Finance requires certain paperwork to ensure everything is on the up and up. That sgt obviously had it. Get with your leadership staring with your team leader and start inquiring why and what you need to do to fix it. If your first line supervisor can't handle the simple task of engaging finance then you need to respectfully let him know you want to take it higher to the squad leader and so forth. Always give your leadership the opportunity to help you that is a big part of what we are here for.

Response by CPT Gurinder (Gene) Rana made Aug 20 at 2016 1:46 PM

2016-08-20T13:46:47-04:00

Army cannot deny an E3 Basic Allowance for Housing (BAH); BAH is an entitlement based on rank. If an E3 with a dependent and an E5 without dependents reside in the same housing, at the same cost then, the E5 will get more than the E3 due to rank; however, the E3 must not be denied this allowance. Active Duty personnel in such a predicament should study Title 37 United States Code, Section 204(a) (1).

Response by SFC Private RallyPoint Member made Aug 22 at 2016 5:42 PM

2016-08-22T17:42:53-04:00

No you shouldn't go directly to your CSM for something like this. What you should do is get a copy of your sons birth certificate and complete the proper paperwork to include child support paperwork and custody paperwork if you have it. You are not authorized to receive BAH unless you have proper documentation, you having a child doesn't automatically give you BAH.