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Joint Personnel J 17 Add (D) IN

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Joint Personnel J 17 Add (D) IN

Date
Category
Joint
State
Indiana
Type Draft
Add Item
Proposal Statement
Amend Title 37 USC Chapter 10 Section 403 to provide an election by the member to receive BAH entitlement OR ship household goods. Service Member would be required to provide proof of a mortgage for eligibility to receive BAH
Recommendation Information
The current law does not allow reserve component members without dependents in a Permanent Change of Station (PCS) status to receive basic allowance for housing(BAH) when occupying government quarters. This creates a hardship for those reserve members who own a home and PCS for retraining. Reserve Members must PCS back to home of record upon completion of training therefore establishing the need for the BAH entitlement to maintain a primary residence. Active Duty members without dependents would normally PCS to their next duty station after training and have no requirement to maintain a residence. Congress clearly recognized the issue in 2008 and amended Title 37 USC, Chapter 10 section 403 establishing a BAH entitlement for Reserve members without dependents in accession training. The amendment appears to have been enacted without considering similar scenarios encountered during retraining by members without dependents. According to paragraph 3 of section 403, if member without dependents is authorized shipment of household goods, they are not entitled to basic allowance for housing. Members are automatically entitled to shipment of goods and therefore are not eligible to receive BAH regardless if they ship goods or not.



TASK FORCE RECOMMENDATION: CONCUR

NGB RECOMMENDATION: No requirement. Change law for SM's to receive BAH when PCS'ed.
Resolution No.
17
Item No
D
Fiscal Year
2015
State Association Email
State Association Phone Number
317-247-3196