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My wife, a E7 Army, returned from deployment from

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Afghanistan 2 months ago. Her...
My wife, a E7 Army, returned from deployment from Afghanistan 2 months ago. Her patterns changed and always wanted to leave the house between 9-11 am. This continued on for 3 weeks and she insisted nothing is going on. I saw text messages between her and her girlfriend. There was a photo she sent her girlfriend with a guy without his shirt on. I got suspicious and wanted to get down to the bottom of this. I hid a recorder in her car and my intuition served me right. All along, she was Skyping with another man (Bosnian guy) and they spoke explicitly together. Too explicit to say. Confronted her and told her about the recording and that I will be filing for a divorce. We just moved from WA to HI. What agency do I go to to collect a portion of her BAH? zip code is 96857 and there are no kids. I also lost my job to accompany her at her new duty station. Just need assistance as to obtain a portion of her BAH. Thank you, ***** *****
Submitted: 4 months ago.Category: Military Law
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Answered in 2 hours by:
12/9/2017
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,612
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. You ask

What agency do I go to to collect a portion of her BAH?

What does that mean? Are you under the impression you have an independent right to her BAH??

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Customer reply replied 4 months ago
I thought that by me not living with her, because of her infidelity, i can have a portion of her BAH while we are apart living up until the divorce is finalized.
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Umm...no...not necessarily. What service is she in?

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Customer reply replied 4 months ago
Army. Thought in fell under the provisions of the non-locality BAH rate of AR 608-99?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

608-99 is policy (it is not an order that can be enforced like a general order) and it is discretionary (the commander can order a soldier to comply with the policy...or they can do nothing...the commander has the call)

608-99 does NOT give you a private right of action against the Army. Period,

You can not force the Army to give you anything under AR 608-99

That said, in my experience, if you contact the commander (battalion commander) and let them know the soldier is not supporting you, that they will order the soldier to follow the policy. Just understand that this is discretionary.

I would call the commander on monday...they, and not JAG, can help you solve this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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