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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27149
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Enlisted E-3 married, husband recently came out of closet.

Customer Question

Enlisted E-3 married, husband recently came out of closet. We already purchased a house. He will is not pursuing full ownership. I wish to keep the house. Even if we sold the house for what we paid we would still owe money since we have not even owned the house a year yet. We are required to be separated for a full year before a divorce is granted due to state requirements. Will I be eligible for single-rate BAH upon being granted a divorce, or will I be expected to abandon the house/somehow manage the financial burden and relocated into the barracks due to my low rank? No kids.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

E3 is tough...the Commander can authorize this, but typically you need to be a Staff NCO to rate BAH on right. Have you asked your commander if they will approve this request baed on your circumstances?
Customer: replied 1 year ago.

I would describe my superiors as "sympathetic" to my circumstances, but the first piece of advice I received was basically to try to sell the house. This is absolutely not financially feasible as the house was only just purchased. The loan fees have barely begun to be paid off, let alone the idea that there is not yet equity built up, etc. I do not assume that more action could be taken by them to assist me, or grant single-rate BAH for example, but I want to know answers before I take further action so that my credit is not destroyed.

Expert:  P. Simmons replied 1 year ago.
Which service is this?
Customer: replied 1 year ago.

Regular Army

Expert:  P. Simmons replied 1 year ago.
Thanks

Just a moment, I want to look at the regs
Customer: replied 1 year ago.

Thank you. I would also appreciate direction as to exactly what regs you find, and any documentation you could recommend for me to prepare myself with as I make my case to my command for a solution.


 

Expert:  P. Simmons replied 1 year ago.
You have an uphill battle

Take a look at the DoD FMR (Financial Mangmt Reg) Ch 26

You can see it here

http://comptroller.defense.gov/fmr/archive/07aarch/07AIC24-03.pdf


If you look at section 2 it lays out how a service member who does not have dependents can receive BAH.

It will not cover you...not as an E3.

As an E4, if you are in "sea duty" you can qualify....but I do not believe that will apply to you

Here is the key provision 260205(B)(2)

Except as provided in subparagraphs 260201.B and C, a member
without dependents in grade E-6 or below who is offered an assignment of adequate government
quarters, or is assigned government quarters but elects not to occupy such quarters and resides in
private quarters at own expense, is considered to be assigned to government quarters and not
entitled to BAH. Therefore, such member is entitled to partial BAH.

So the FMR is not going to support you other than to give you partial BAH which is $7/mo.

You can ask the commander to waive this...but that would have to come from HQDA (so you would need to get the flag officer to recommend it)...I suspect you may have a tough time with that


Sorry to have to bear bad news


Let me know if you have more questions...happy to help if I can
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27149
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Your direction is immensely appreciated. I will review all of this so that I may make an informed decision as to how to proceed. Thank you.

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am

Good luck in this fight

Phil

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P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.