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  • #46
    Re: Bah / bas

    Originally posted by HR NCO View Post
    I figured I needed to clarify so that all of the sudden the PVTs didn't think they could get BAH at basic with just a lease from mom.
    Depending on your home of record's state laws in many cases they can ignore any lease (at least thats what they briefed us at WOCS, which I assume would apply the same for BCT/AIT). Basically if your contract OR your state have a military clause that requires you be released from your lease they don't have to pay you BAH while they're providing lodging for you (once again thats just based off of the brief they gave us, I am in no way an expert on this). If this would apply to a 5 week course, I'm sure there is no way it wouldn't apply to BCT and AIT which can last over a year depending on your MOS.

    Also this applied only to single people with no dependents.
    Last edited by ack202; September 28th, 2012, 10:10 PM.

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    • #47
      Re: Bah / bas

      Originally posted by ack202 View Post
      Depending on your home of record's state laws in many cases they can ignore any lease (at least thats what they briefed us at WOCS, which I assume would apply the same for BCT/AIT). Basically if your contract OR your state have a military clause that requires you be released from your lease they don't have to pay you BAH while they're providing lodging for you (once again thats just based off of the brief they gave us, I am in no way an expert on this). If this would apply to a 5 week course, I'm sure there is no way it wouldn't apply to BCT and AIT which can last over a year depending on your MOS.

      Also this applied only to single people with no dependents.
      Deleted........
      Last edited by ParalegalNCO1; September 29th, 2012, 10:40 AM.

      Comment


      • #48
        Re: Bah / bas

        Originally posted by ack202 View Post
        Depending on your home of record's state laws in many cases they can ignore any lease (at least thats what they briefed us at WOCS, which I assume would apply the same for BCT/AIT). Basically if your contract OR your state have a military clause that requires you be released from your lease they don't have to pay you BAH while they're providing lodging for you (once again thats just based off of the brief they gave us, I am in no way an expert on this). If this would apply to a 5 week course, I'm sure there is no way it wouldn't apply to BCT and AIT which can last over a year depending on your MOS.

        Also this applied only to single people with no dependents.
        They may have briefed this to you, but that's probably just one of the many mind games they play.

        You can't be forced to break your lease just because your state allows for it.

        Comment


        • #49
          Re: Bah / bas

          Originally posted by Polo08816 View Post
          It's not authorized, but that is not to say it has not been done. I know of people who went to IBOLC and received BAH when they were actually ineligible for it by having a lease agreement with their parents. No one cared whether it was legitimate or not.

          However, a good portion of those individuals may have been on Title 32 orders instead of Title 10. If you F up on Title 32 orders, usually they just send you home and let your home state handle it.
          The only successful cases of BAH fraud that I have seen prosecuted all involved a dependant issue/false claim type scenario. Any lease you submit honestly would most likely be processed.
          Last edited by ParalegalNCO1; September 29th, 2012, 10:46 AM.

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          • #50
            Re: Bah / bas

            Originally posted by ack202 View Post
            I was on ADOS for a short time after I left active duty and before going to flight school, and was paying rent for a room from my parents. They put me on type 2 BAH for it, but I had it switched to regular BAH and got back pay no problem. They did make me sign some extra paper work, get it notarized and provide bank statements proving I actually was paying though.
            Unless you have government quarters assigned...type II BAH is always automatic. It just happens, unless someone changes it to full or stops it.

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            • #51
              Re: Bah / bas

              Originally posted by ack202 View Post
              Depending on your home of record's state laws in many cases they can ignore any lease (at least thats what they briefed us at WOCS, which I assume would apply the same for BCT/AIT). Basically if your contract OR your state have a military clause that requires you be released from your lease they don't have to pay you BAH while they're providing lodging for you (once again thats just based off of the brief they gave us, I am in no way an expert on this). If this would apply to a 5 week course, I'm sure there is no way it wouldn't apply to BCT and AIT which can last over a year depending on your MOS.

              Also this applied only to single people with no dependents.
              Yeah, um...no.

              Your state law has nothing to do with a federal government benefit. No one can force you to break your lease and the SCRA act covers and places protections on "lease breaking" scenarios, so state law can allow it or not allow it if they wanted to, it wouldn't make a lick of difference because federal law trumphs it.
              Last edited by ParalegalNCO1; September 29th, 2012, 10:51 AM.

              Comment


              • #52
                Re: Bah / bas

                Originally posted by ParalegalNCO1 View Post
                The only successful cases of BAH fraud that I have seen prosecuted all involved a dependant issue/false claim type scenario. Any lease you submit honestly would most likely be processed.
                This sounds about right.

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                • #53
                  Re: Bah / bas

                  Thanks I was looking for some excitement. But not just yet, its lunch time now...could ya'll hold off for 30? I dont like having to review a bunch of posts at one time. Thank you. hehee

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                  • #54
                    Re: Bah / bas

                    Originally posted by ParalegalNCO1 View Post
                    Mr. Loki is single with no children. He receives 1/8 BAH equal to the both married w/ children colonels. Yes or Yes?

                    Hmmmm...possibly. What rank and zipcode does MR. Loki have?? LOL

                    I just figured it out.


                    They make 4x the BAH I make.

                    Comment


                    • #55
                      Re: Bah / bas

                      Thank you all for your responses to my original post from Sep 2012. But the one question I really have is:

                      "I just want to know if I can check SINGLE on the 5960. And if not, why not since I would get the single rate anyway." Why is it important for my DEERS and PAYCODE to be Member Married to Member? One of us is AGR and the other ADOS (albeit for a very long time!) I am not trying to monetarily fraud the government, I just want to know what is the benefit of me stating member married to member? ( His kids are under his DEERS. Our kid is under his DEERS. I will never see a w/ dependent rate unless I divorce him and keep the child. So, I dont' see why I can't just leave my form Single. Unless, there are other benefits?

                      Comment


                      • #56
                        Re: Bah / bas

                        Originally posted by weta View Post
                        Thank you all for your responses to my original post from Sep 2012. But the one question I really have is:

                        "I just want to know if I can check SINGLE on the 5960. And if not, why not since I would get the single rate anyway." Why is it important for my DEERS and PAYCODE to be Member Married to Member? One of us is AGR and the other ADOS (albeit for a very long time!) I am not trying to monetarily fraud the government, I just want to know what is the benefit of me stating member married to member? ( His kids are under his DEERS. Our kid is under his DEERS. I will never see a w/ dependent rate unless I divorce him and keep the child. So, I dont' see why I can't just leave my form Single. Unless, there are other benefits?
                        You are seriosly back with this question again? You cannot check single, because you are in fact married. End of story. Do not make it any more complicated.

                        Comment


                        • #57
                          Re: Bah / bas

                          Your benefit of not checking Single is not being a fraud.

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