Do I rate BAH/BAS?

[Nick31]

Hello Marines,

I'm hoping for some wisdom in this subject. Here's some background information. I got married to another Marine back on December 24th, 2008. I PCS'd to another unit about 3 months ago, since that time I was receiving BAH and BAS the entire time and living off base of course. Now my wife got orders somewhere else and a divorce is underway, once I got to my new unit my BAH and BAS was stripped from me even though I already established a household upon arrival. Since i have been at my new unit I have not received a barracks room but I am on a meal card for some reason. I have been told by multiple Marines that have a history of working in the S-1 that I rate it no questions asked but my command thinks otherwise, specifically at the company level. I have a ton of household goods as well.....

[Wood5831]

Is your wife receiving BAH/BAS?

IIRC, If you are still married and she is not receiving BAH/BAS then you do. If she is getting it, then you do not. Now if you two divorce and there is no room for you in the BEQ and have to live out in town, you get it.

[Vandrel]

If you're spouse isn't with you then you don't rate BAH or COMRATS. Your command expects you to live in the barracks unless there is no room. You only rate BAH for where your orders have you stationed and your wife has to be included and co-located. If she leaves you, files for devorce, moves back home, whatever then technically you don't rate. Now that's not to say that there aren't Marines out there that are in those situations and just never TELL ANYONE that their wife left, so they continue to collect that money, but if anyone ever finds out then guess what? You owe the government "X" amount of dollars that you collected from the time she left to the time you last collected money. That could mean you owe them $2,000 or $20,000 depending on how long you "scam".

I was tossed into a similar situation when I did a PCS, I moved from overseas base housing back to CONUS before my wife, didn't rate BAH until they arrived from OCONUS and had to go to IPAC to get my BAH turned on basically. Same thing with my command, though I didn't actually move into the barracks or get a meal card, it was expected that I was.

[navyvetmom]

Sgt. I believe you are incorrect. There are many Marines that are on unaccompianed Orders and receive BAH/BAS which is of course expected to go to house the dependents. The most obvious being orders to Oki as an E4 or below. Also examples include new recruits and Marines that are at basic training, mct/itb and MOS schools. They are all entitled to BAH/BAS. In your case perhaps since your wife did not PCS with you and in fact remained in base housing, it was being applied in that manner.

Nick for your situation, do you have children? If so, in a dual active duty family, the custodial parent receives the BAH.

[Vandrel]

It's a different situation when the spouse "leaves" and seperation is in process. Also as noted, if the spouse is active duty and receiving BAH then the other active duty member does not rate. It's just very import to stay on top of the matter and ensure pay is not received when it's not rated or else you will end up having to pay it back.

If you end up with a debt owed and have to pay BAH back, you can setup what's called a liquidation settlement plan, basically a payment plan through IPAC so they don't talk your entire pay each period to repay the debt.

[Nick31]

I contacted her, she is a Cpl out in Oki by the way... she is not receiving any BAH at all. My Lt has me writing a 4 paragraph statement to try and win over the company on signing off my AA forms. I obviously removed names and unit information but this is what they have me sending in, and I just heard that they want me to sit down and talk to 1st Sgt tomorrow regarding the situation.

1. Upon arrival to Battalion, I was given a temporary barracks room by S-4 with instructions to find a house while checking in. A month prior to my arrival to Battalion, my sponsor was replaced with no notice to me.

2. During the first day of check in, there was a bit of confusion as to what company I would fall under. Initially I was told by my sponsor a month before arriving in Hawaii that I would be in H&S but would move to Alpha Company for an upcoming deployment. That was the last information that I had received from my sponsor before arrival. During the first day, I was informed that I would in fact be under Bravo Company. At this point, I had no official sponsor and was already living in town after being informed by Cpl Marine and the S-1 that I would be receiving my BAH and BAS allowances, I just had to wait until the system updated showing that I was in Hawaii. My BAH had been terminated once I left my last duty station because I was TEMINS to a school command and I was living in the on base government hotel.



3. The following paycheck I had yet to see the BAH and BAS allowances, so I went into S-1 and spoke with Cpl Marine. Cpl Marine informed me that I rated BAH and the system had not updated to show that I was in Hawaii. After another two weeks passed without receiving the allowances, I again went into S-1 to address the issue. Cpl Marine told me that I should have received the BAH and BAS, but since I had not that I should submit an Administrative Action Form to the Company Office.

4. In the form, I included my list of household goods, which I acquired while living off base while I was at my last duty station. My TMO had picked my goods up and transferred them to Hawaii while I was at my C school for four months. Multiple individuals within the command informed me during check in that I would have my BAH without issue, based on my amount of household goods and the fact that I had already established BAH for the past two years of my career. I currently have a storage unit rented out to me, although it is not nearly large enough to hold all of my household goods. I already have a one year lease established out in Kaneohe for which I am paying out of pocket. My former command also informed me that I would keep my BAH and BAS after PCS to Battalion.

At the platoon level they all say I rate it, as well as my S-1 shop, but it's getting hung up at the Company level.