R 021516Z APR 09
UNCLASSIFIED//
MARADMIN 0213/09
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA MP//
SUBJ/MCO 7220.56 CH 1  ENTITLEMENT TO BASIC ALLOWANCE FOR HOUSING AT LOCATIONS OTHER THAN PERMANENT DUTY STATION (PDS)//
POC/P. GULBRANDSEN/MAJ/UNIT:MPO/-/TEL:(703) 784-9386/TEL:DSN 278-9386//
GENTEXT/REMARKS/1.  PURPOSE.  TO PROMULGATE AN ADVANCE CHANGE TO MCO 7220.56, AMPLIFYING THE POLICY FOR ENTITLEMENT TO BAH AT LOCATIONS OTHER THAN THE MARINE'S PDS, WHILE PROTECTING THE MARINE DURING TIMES OF BAH RATE FLUCTUATION.
2. THIS MARADMIN CANCELS MARADMIN 126/08.
3. EXECUTION:
    A. MODIFY SUBPARAGRAPH 3.C.(1) BY INSERTING THE BELOW SENTENCE AFTER THE FIRST SENTENCE OF THE SUBPARAGRAPH, WHICH ENDS IN "HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED."
       "PERMANENT DUTY STATIONS (PDS) ARE IN PROXIMITY TO EACH OTHER IF: (A) BOTH ARE IN AN AREA ORDINARILY SERVICED BY THE SAME LOCAL TRANSPORTATION SYSTEM, OR (B) A MEMBER COULD COMMUTE DAILY FROM HOME TO EITHER PDS."
    B. ADD THE FOLLOWING NEW SUBPARAGRAPH 3.C.(1)(A):
       "TO ENSURE MARINES ARE PROTECTED DURING TIMES OF BAH RATE FLUCTUATION, IF A MARINE IS IN RECEIPT OF A WAIVER FOR BAH AT THE LAST DUTY STATION IN WHICH SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED, AND THE NEW ANNUAL BAH RATES RESULT IN A HIGHER BAH RATE FOR THE CURRENT DUTY STATION, COMPARED TO THE PREVIOUS DUTY STATION, THEN THE MARINE MAY ELECT TO VOID THE WAIVER AND RECEIVE THE CURRENT DUTY STATION RATE.  ONCE THE MEMBER ELECTS THE BAH RATE AT THE CURRENT DUTY STATION, THE MEMBER WILL NOT BE AUTHORIZED TO SUBMIT A BAH WAIVER REQUEST FOR FUTURE FLUCTUATIONS OF BAH.  THE MEMBER WILL RETAIN THE CURRENT DUTY STATION RATE UNTIL ISSUED SUBSEQUENT PCS ORDERS."
    C.  ADD THE FOLLOWING NEW SUBPARAGRAPH 3.C.(1)(B):
        "A MEMBER MAY ONLY REQUEST A WAIVER TO RECEIVE BAH AT THE LOCATION OF THE LAST DUTY STATION IN WHICH SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED.  IF THE MEMBER RECEIVES CONSECUTIVE PROXIMITY ORDERS, THE MEMBER MAY ONLY REQUEST A BAH WAIVER FOR THE LAST DUTY STATION WHERE SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED; NOT THE LAST DUTY STATION IN WHICH THE MEMBER RECEIVED A SECOND SET OF PROXIMITY ORDERS."
    D.  ADD THE FOLLOWING NEW SUBPARAGRAPH 3.C.(1)(C):
        "PROVIDED ARE TWO EXAMPLES FOR CLARIFICATION: (1) MEMBER 'A' CONDUCTS PCS TO SAN DIEGO, CA IN OCTOBER 2004 AND RECEIVES BAH FOR SAN DIEGO.  MEMBER 'A' CONDUCTS A PROXIMITY MOVE TO CAMP PENDLETON, CA IN OCTOBER 2007 AND RECEIVES A WAIVER TO RETAIN BAH AT SAN DIEGO RATE.  SUBSEQUENTLY, THE 2008 BAH RATES RESULT IN A HIGHER BAH FOR CAMP PENDLETON.  MEMBER 'A' THEN ELECTS TO RECEIVE THE HIGHER CAMP PENDLETON RATE AND CONTINUES TO RECEIVE THE CAMP PENDLETON RATE UNTIL MEMBER 'A' RECEIVES SUBSEQUENT PCS ORDERS.  EVEN IF THE 2009 BAH RATES RESULT IN A HIGHER RATE FOR SAN DIEGO, MEMBER 'A' WILL NOT BE AUTHORIZED AN ADDITIONAL WAIVER FOR THE SAN DIEGO RATE (I.E., A WAIVER TO REVERT TO THE SAN DIEGO RATE WILL BE DENIED).  (2) SAME SCENARIO AS IN EXAMPLE ONE EXCEPT MEMBER 'A' DEPARTS CAMP PENDLETON UNDER A SECOND SET OF PROXIMITY MOVE ORDERS.  MEMBER 'A' WILL BE AUTHORIZED THE NEW PDS BAH RATE OR THE MEMBER MAY REQUEST TO RETAIN BAH AT THE SAN DIEGO RATE SINCE THIS IS THE LAST DUTY STATION SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED.  MEMBER 'A' WILL NOT BE AUTHORIZED A BAH WAIVER TO RETAIN BAH AT THE CAMP PENDLETON RATE, EVEN IF THE CAMP PENDLETON RATE IS HIGHER THEN THE NEW PDS AND THE SAN DIEGO RATE."
    E.  ADJUST SUBPARAGRAPH 3.C.(2) BY:
        (1) MODIFYING THE SECOND PARAGRAPH TO READ AS SUBPARAGRAPH 3.C.(2)(A).
        (2) ADDING THE FOLLOWING NEW SUBPARAGRAPH 3.C.(2)(B):
            "IF THE NEW ANNUAL BAH RATES RESULT IN A HIGHER BAH RATE FOR THE LAST DUTY STATION TO WHICH SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED, COMPARED TO THE CURRENT DUTY STATION, THE MARINE WILL NOT BE AUTHORIZED A BAH WAIVER TO RETAIN THE PREVIOUS STATION RATE."
        (3) ADDING THE FOLLOWING NEW SUBPARAGRAPH 3.C.(2)(C):
            "PROVIDED IS AN EXAMPLE FOR CLARIFICATION: MEMBER 'A' CONDUCTS PCS TO CAMP PENDLETON, CA IN OCTOBER 2004.  MEMBER 'A' CONDUCTS PROXIMITY MOVE TO SAN DIEGO, CA IN OCTOBER 2007, WHICH AT THE TIME, HAS A HIGHER BAH RATE.  MEMBER 'A' WILL RECEIVE THE HIGHER BAH RATE FOR SAN DIEGO SINCE THIS IS THE MEMBER'S PDS.  THE 2008 BAH RATES RESULT IN A HIGHER BAH FOR CAMP PENDLETON.  MEMBER 'A' WILL NOT BE AUTHORIZED A BAH WAIVER SINCE THE CURRENT PDS ORIGINALLY HAD A HIGHER BAH RATE UPON EXECUTION OF THE PROXIMITY MOVE."
4. ADMINISTRATIVE ACTION:
    A. THE CHANGES IN THIS MARADMIN ARE EFFECTIVE 1 JAN 2009.
    B. ANY MARINE IN RECEIPT OF BAH FOR A LOCATION OTHER THAN THE PDS, WHO NO LONGER RATES BAH AT THE OTHER LOCATION DUE TO THE CHANGE DESCRIBED WITHIN THIS MARADMIN, IS AUTHORIZED TO RETAIN BAH AT THE CURRENT RATE UNTIL THE MARINE RECEIVES THE NEXT SET OF PCS ORDERS.
    C. ELECTIONS TO VOID BAH WAIVERS MUST BE SIGNED BY THE MARINE AND THE COMMAND DESIGNATED AUTHORIZING OFFICIAL.
    D. ALL DOCUMENTATION WILL BE RETAINED IN THE MEMBERS SERVICE RECORD.
5. FILING INSTRUCTION: FILE THIS CHANGE IMMEDIATELY FOLLOWING THE SIGNATURE PAGE OF THE ORDER.
6. THIS MESSAGE IS APPLICABLE TO THE TOTAL FORCE MARINE CORPS.
7. RELEASE AUTHORIZED BY (SES) MR. M. F. APPLEGATE, DIRECTOR, MANPOWER PLANS AND POLICY DIVISION, M&RA.//