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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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My husband and I got married Feb 10th, but due to undermanned

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My husband and I got married Feb 10th, but due to undermanned I wasn't enrolled in DEERS until Mar 4th. He submitted the paperwork for the BAH request chit Mar 13th, but his LPO didn't push it until Apr 16th and it took until May 15th for his HM1 to approve it because he was on leave. Both his LPO and HM1 told him he couldn't move out of barracks until his chit was approved, so we didn't get him checked out of barracks until May 17th, but we've had an apartment and been paying rent out of my savings. My question is, will the Navy give us the BAH back pay from the time we were married? Or do we get it from the time he checked out of barracks?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Ok. They can't process the BAH pay until he is out of the barracks, but the BAH should be backdated to the date that you were married, because it is for your support as well as his. It isn't just for him to move out of the barracks.

 

It isn't going to be quick about coming either. The first month you get it will likely just have that month's BAH. It could be two or three months before they back date it and pay it out. For that time that he lived in the barracks, they will sometimes just pay a "differential" of what a single person's BAH would be and one with dependents, but I can't tell you if they WILL do that, just that they can do it.

 

 

Customer: replied 1 year ago.
For his current rank and location, a single person's BAH is $1143, and with dependents it's $1428. If they choose to pay the "differential" would we receive the $1143 or the difference between the two? I'm sure this is a silly question, but we've already spent $6000 of my savings while waiting for this paperwork to go through, and we only have enough left for two or three more months without any BAH support.
Expert:  Allen M., Esq. replied 1 year ago.

The difference between the two. The single person's BAH is what is paid to him for his housing. The dependent rate is the additional funds for your upkeep.

 

If they seek to pay the differential, then his living in the barracks (technically, by having a room) means that they don't have to pay his upkeep, just yours.

 

So, around $300 for that backdated BAH during the months that you were married but he still occupied barracks space.

 

But, they don't always do that. It really is up to the commanders and NCO's that submit the paperwork and how the personnel office processes it. Legally, he's only entitled to the differential, but many times he'll get the full BAH backdated to your marriage date. I just can't promise that, because I don't work in that personnel office.

 

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15969
Experience: Lawyer and current JAG officer.
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Allen M., Esq.
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Military Lawyer
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Lawyer and current JAG officer.