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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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Hi, I moved from FL to NC. I in processed finance, but my

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I moved from FL to NC. I in processed finance, but my bah never changed. I've received the wrong amount for 4 years and now I'm about to retire. Finance is going to catch the discrepancy. I went to finance 3 time in the beginning to correct it, but it never was. Can I be brought up on charges? Or, they'll decide how much I owe back?
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Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

If you have evidence that you have repeatedly attempted to correct the issue or can at least state that as truth, and you are fully prepared to pay back the amount in question, you won't be brought up on charges.

BAH fraud requires intent to defraud. Your repeated attempts to get it changed will indicated very clearly that it was never your intent to defraud the government.

They will, however, decide how much is owed and request it returned.
Customer: replied 3 years ago.

Thank you..


I do not have proff that I went in, but I do know the individual that I saw each time.


The amount paid was between $65,000 to $70,000.. I always knew it would catch up and Ido not want to throw away 26 years of service.


I pickup my 214 today and out process finance. Can I be held here or should I be allowed to leave. Today I sign out on p-tdy/term leave..



Proof doesn't really mean what a lot of people think it means. You just need credible evidence of your attempts. If you know the person that you went it to try and fix it with, then you have some evidence of your efforts to change the BAH.

I would even open, at finance, with your own concerns about BAH issues.

Technically, they could place you on a legal hold, but that would take a lot of effort that really should only be expended on people that they intend to criminally charge. If you have made efforts to get the BAH issue corrected, and are prepared to pay it back (indicating further that you were not trying to keep the money), you'll be allowed to leave and they'll just need to work out payment.
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