R 232100Z MAY 05
FM CMC WASHINGTON DC(UC)
TO AL MARADMIN(UC)
UNCLASSIFIED//
MARADMIN 239/05
MSGID/GENADMIN/CMC WASHINGTON DC/MPO-40//
SUBJ/BASIC ALLOWANCE FOR HOUSING (BAH) AT LOCATIONS OTHER THAN THE
MEMBER'S PERMANENT DUTY STATION (PDS)//
REF/A/DOC/OASD/6JUN2001//
REF/B/MSG/CMC/141536ZJUN2001//
REF/C/MSG/CMC/281536ZJUN2001//
REF/D/DOC/CMC/04OCT1994//
NARR/REF A IS OASD MEMO OF 6 JUN 01 THAT PROVIDES IMPLEMENTATION
POLICY REGARDING RETAINING THE STATION RATE OF BAH UPON PCA/PCS.
REFS B AND C ARE MARADMINS 286/01 AND 315/01 THAT ANNOUNCE THIS
AUTHORITY AND INSTRUCT MARINES TO SUBMIT WAIVER REQUESTS TO CMC
(MMIA). REF D IS MCO P1300.8R, "MARINE CORPS PERSONNEL ASSIGNMENT
POLICY."//
POC/C. MCCLOSKEY/MAJ/MP0-40/COM 703-784-9387/DSN 278-9387
D. THOELE/MAJ/MMIA/COM 703-784-9200/DSN 278-9200//
RMKS/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.//