Basic Allowance for Housing (BAH) at Locations Other Than the Member's Permanent Duty Station (PDS)
This MARADMIN clarifies policy for authorizing Basic Allowance for Housing (BAH) at locations other than a Marine's permanent duty station (PDS). It establishes clear criteria for retaining previous duty station BAH rates in situations involving unaccompanied tours, unfunded PCS/PCA moves (proximity moves), PME/training orders of 12 months or less, and critical housing areas. Commands must review personnel records and submit documentation by July 1, 2005, with BAH adjustments effective August 1, 2005.
Issued: May 23, 2005
1. PURPOSE. TO CLARIFY INTENT OF REFS A THROUGH C THAT AUTHORIZE BAH TO BE BASED ON THE OLD PDS RATE IN SITUATIONS INVOLVING MULTIPLE AND CONSECUTIVE UNFUNDED PERMANENT CHANGE OF ASSIGNMENTS. FURTHERMORE, TO ESTABLISH CLEAR CRITERIA FOR AUTHORIZING BAH AT LOCATIONS OTHER THAN THE MEMBER'S PDS. CLARIFICATION WILL ENSURE THAT POLICY AND EXECUTION CONFORMS TO THE INTENT OF THE LAW AND WILL ASSIST MARINES IN MAKING INFORMED HOUSING DECISIONS. 2. BACKGROUND. BAH VARIES BASED ON GRADE, GEOGRAPHIC LOCATION OF THE MEMBER, AND DEPENDENCY STATUS. ALTHOUGH BAH IS GENERALLY BASED ON ONE'S PDS, THE SERVICES ARE AUTHORIZED TO BASE BAH ON OTHER LOCATIONS UNDER THE FOLLOWING CIRCUMSTANCES: (1) UNACCOMPANIED/RESTRICTED TOURS (2) UNFUNDED PCS/PCA ORDERS (PROXIMITY MOVES) (3) PCS ORDERS FOR PME/TRAINING (DURATION OF 12 MONTHS OR LESS) (4) CRITICAL HOUSING AREAS (CHA) 3. DEFINITIONS. A. INEQUITY. A SITUATION IN WHICH A MEMBER MAKES A HOUSING DECISION BASED ON A BAH RATE IN EFFECT AT A DUTY STATION INTO WHICH THE MEMBER WAS INITIALLY PCS'D AND THE MEMBER IS LATER DISADVANTAGED BY RECEIVING A LOWER BAH ASSOCIATED WITH THE NEW DUTY STATION DESPITE NOT BEING AUTHORIZED RELOCATION OF RESIDENCE AT GOVERNMENT EXPENSE. NOTE, AS DEMONSTRATED IN PARA. 4.B. BELOW, A SUBSEQUENT REDUCTION OF BAH DUE TO ORDERS RETURNING ONE TO A PREVIOUS PDS DOES NOT CONSTITUTE AN INEQUITY. B. UNFUNDED PCS/PCA MOVE. ORDERS THAT DO NOT AUTHORIZE RELOCATION OF ONE'S HOUSEHOLD OR DEPENDENTS. ALSO CALLED A PROXIMITY MOVE. 4. POLICY A. UNACCOMPANIED TOUR. (1) WHEN ISSUED ORDERS FOR AN UNACCOMPANIED TOUR, BAH IS BASED ON EITHER: (A) THE PREVIOUS PDS (PROVIDED THE MEMBER WAS IN RECEIPT OF BAH), (B) A LOCATION DESIGNATED BY THE MEMBER AND APPROVED BY MMIA PROVIDED THE DEPENDENTS HAVE A PRE-EXISTING TIE TO THAT LOCATION, OR (C) THE PHYSICAL LOCATION OF THE DEPENDENTS NOT TO EXCEED THE BAH RATE OF THE PDS IMMEDIATELY PRIOR TO THE NEW PDS. IN SITUATIONS WHERE A MEMBER DOES NOT ELECT A DESIGNATED LOCATION BUT MOVES DEPENDENTS AT NO COST TO THE GOVERNMENT, THE HOUSING ALLOWANCE PAYABLE REFLECTS THE ACTUAL LOCATION OF THE DEPENDENTS. (2) WHEN SUBSEQUENT PCS ORDERS RETURN A MEMBER FROM OCONUS TO A PDS IN A NEIGHBORING MILITARY HOUSING AREA (MHA), RETAINING BAH AT THE PREVIOUS CONUS BASED RATE WILL NOT BE AUTHORIZED. LOGIC: ORDERS FROM OCONUS TO CONUS ARE FULLY FUNDED AND AUTHORIZE RELOCATION OF HOUSEHOLD. (3) ADMINISTRATIVE REQUIREMENTS. REQUESTS FOR DESIGNATED LOCATION MUST BE ENDORSED BY THE COMMAND, DEMONSTRATE PRE-EXISTING TIES TO DESIGNATED LOCATION, AND CONTAIN A COPY OF THE MEMBER'S PCS ORDERS DIRECTING UNACCOMPANIED TOUR. B. UNFUNDED PCS/PCA ORDERS (PROXIMITY MOVE). (1) ONCE APPROVED FOR THE PREVIOUS PDS BAH RATE AND THE BAH RATE FOR THE CURRENT PDS SUBSEQUENTLY INCREASES TO A RATE HIGHER THAN FOR THE LOCATION OF THEIR WAIVER, ONE CANNOT SUBMIT A NEW REQUEST TO RECEIVE THE HIGHER BAH. (2) IN CASES WHERE REGULATIONS DO NOT AUTHORIZE RELOCATION OF A MEMBER'S RESIDENCE, IT IS THE COMMAND'S RESPONSIBILITY TO FULLY JUSTIFY A REQUEST THAT ORDERS BE MODIFIED TO AUTHORIZE A FULLY FUNDED MOVE. (3) ADDITIONAL CLARIFICATION: (A) CMC (MM) DOES NOT AUTHORIZE RELOCATION OF DEPENDENTS AND HOUSEHOLD GOODS. MEMBER MAY REQUEST TO RETAIN THE PREVIOUS DUTY STATION BAH RATE. (B) MEMBER RETURNS TO A LOW BAH MHA FROM A HIGH BAH MHA. BAH ENTITLEMENT RATE PROTECTION DOES NOT APPLY. LOGIC: ALTHOUGH THE MEMBER WILL EXPERIENCE A REDUCTION IN BAH, AN INEQUITY DOES NOT EXIST AS THE MEMBER'S HOUSING DECISION WAS MADE BASED ON THE LAST PCS MOVE THAT AUTHORIZED RELOCATION TO THAT GEOGRAPHIC AREA. EXAMPLE: MARINE ASSIGNED TO A PDS AT QUANTICO. THEN, REASSIGNED (RELOCATION NOT AUTHORIZED) TO PDS AT THE PENTAGON AND SUBSEQUENTLY RE-ASSIGNED BACK TO A PDS AT QUANTICO. ENTITLEMENT WHILE AT EACH PDS IS AS FOLLOWS: QUANTICO - QUANTICO RATE (BAH IS BASED ON THE PDS) PENTAGON - DC RATE (BAH IS BASED ON THE PDS) QUANTICO - QUANTICO RATE (BAH IS BASED ON THE PDS) (C) MEMBER RELOCATES AT OWN EXPENSE FROM A HIGHER BAH MHA TO A LOWER BAH MHA. BAH RATE PROTECTION DOES NOT APPLY. LOGIC: BAH RATE PROTECTION IS NOT INTENDED FOR ONE WHO ESTABLISHES A NEW RESIDENCE WHEN NOT SPECIFICALLY AUTHORIZED. RATHER THAN BEING DEPENDENT UPON WHETHER THE MEMBER "SAVED" THE GOVERNMENT THE COST OF RELOCATION, BAH IS DEPENDENT UPON THE TYPE OF MOVE AUTHORIZED BY THE GOVERNMENT. (4) EACH OF THE BELOW CRITERIA MUST BE MET PRIOR TO APPROVAL OF A BAH AT PREVIOUS PDS WAIVER REQUEST: (A) ORDERS MUST STATE, "THIS IS A PCS MOVE IN WHICH RELOCATION OF DEPENDENTS AND HOUSEHOLD GOODS IS NOT AUTHORIZED." (B) PCS MOVE MUST BE TO AN ADJACENT MILITARY HOUSING AREA. (C) ASSUMPTION IS MEMBER INTENDS TO COMMUTE DAILY BETWEEN PREVIOUS RESIDENCE AND NEW PDS - NOT INTENDED FOR THE MARINE TO ESTABLISH A NEW RESIDENCE AT THE NEW PDS AND CONTINUE TO RECEIVE OLD PDS RATE. (D) MEMBER MUST HAVE ESTABLISHED HIS/HER HOUSEHOLD WHILE ASSIGNED TO THE PREVIOUS PDS. (E) PCS MOVE MUST BE WITHIN THE U.S. (5) ADMINISTRATIVE REQUIREMENTS FOR WAIVER REQUESTS. ALL PACKAGES MUST CONTAIN: PREVIOUS PCS ORDERS (SHOWS THE LAST MHA), CURRENT PCS ORDERS (IDENTIFIES THE NEW MHA), DATE RESIDENCE ESTABLISHED (MONTH AND YEAR), MEMO STATING REASON FOR THE WAIVER REQUEST, MEMBER'S "PAGE 3" SHOWING THE LAST 3 PREVIOUS DUTY STATIONS. C. PCS ORDERS TO PME/TRAINING (DURATION OF 12 MONTHS OR LESS). (1) MARADMIN 216/04 IDENTIFIES CRITERIA AND ADMINISTRATIVE REQUIREMENTS. (2) THIS POLICY IS NOT APPLICABLE TO PCS ORDERS IN WHICH A MARINE IS SENT FROM AN ACCOMPANIED OCONUS TOUR TO CONUS. HOWEVER, IT IS APPLICABLE TO PCS ORDERS WHEN THE MARINE WAS ON AN UNACCOMPANIED TOUR (AND IN RECEIPT OF BAH). D. CRITICAL HOUSING AREAS. SECNAVINST 7220.82 AND OPNAV INST 11101.43 PERTAIN. (1) CHA DESIGNATION GIVEN BY CNO (N4) FOR AREAS IN WHICH BOTH MILITARY AND COMMUNITY FAMILY HOUSING IS IN SHORT SUPPLY. (A) RELOCATION OF DEPENDENTS DELAYED BECAUSE OF A CRITICAL HOUSING SHORTAGE AS DESIGNATED IN THE PCSO. (B) OLD PDS RATE MAY BE PAID UNTIL THE DEPENDENTS RELOCATE TO THE NEW PDS OR UNTIL 60 DAYS AFTER THE DUTY STATION HAS BEEN REMOVED FROM THE LIST OF CRITICAL HOUSING DUTY STATIONS, WHICHEVER OCCURS FIRST. (EXCEPTION: THOSE WITHIN 12 MONTHS OF PLANNED ROTATION DATE.) (2) ADMINISTRATIVE REQUIREMENTS. (A) PCS ORDERS MUST STATE THAT AREA IS A CHA AT THE TIME OF TRANSFER (B) REQUESTS WILL BE SUBMITTED TO CMC (MMIA) (C) THE CHA REQUEST WILL INCLUDE THE COMMAND'S REQUEST AND A COPY OF THE HOUSING LETTER STATING THAT THE MEMBER HAS REQUESTED HOUSING AND THAT IT IS NOT AVAILABLE (INCLUDE THE ESTIMATED WAIT TIME). 5. ACTION. THIS POLICY IS EFFECTIVE IMMEDIATELY. DIRECT WIDEST DISSEMINATION OF THIS MESSAGE. CONUS BASED COMMANDS ARE DIRECTED TO CONDUCT A DATA QUERY OF MBRS OF THEIR COMMAND WHOSE BAH ZIP IS DIFFERENT FROM THEIR PDS ZIP. FORWARD THESE MBRS' "PAGE 3" AND ANY APPLICABLE APPROVAL LETTERS TO CMC (MMIA) BY 1 JUL 05. THIS HQTRS WILL REVIEW PAGE 3 TO ENSURE COMPLIANCE WITH THE POLICY. MARINES WHOSE HOUSING ALLOWANCE WILL BE ADJUSTED TO REFLECT THE RATE ASSOCIATED WITH THEIR CURRENT DUTY STATION WILL SEE THIS ADJUSTMENT EFFECTIVE 1 AUG 2005. A. ADDITIONALLY, ALL MARINES MUST BE ENCOURAGED TO RETAIN PCS/PCA ORDERS AND ACCOMPANYING ENDORSEMENTS/WAIVERS AS THESE SERVE AS SOURCE DOCUMENTATION FOR PAY ENTITLEMENTS. CREATION OF A MARINE CORPS ORDER WILL BE FORTHCOMING. 6. THIS MESSAGE HAS BEEN COORDINATED WITH MI/RFF/DFAS-KC.