UNCLASSIFIED//

ROUTINE

R 240127Z JAN 09

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FM CNO WASHINGTON DC//N1//
TO NAVADMIN
INFO CNO WASHINGTON DC//N1//
NAVADMIN 026/09

MSGID/GENADMIN/CNO WASHINGTON DC/N1/JAN//

SUBJ/ORDER WRITING POLICY CHANGE IN REGARDS TO CLOSE PROXIMITY MOVES 
AND ELIGIBILITY TO RECEIVE BASIC ALLOWANCE FOR HOUSING (BAH) BASED ON 
PREVIOUS PERMANENT DUTY STATION (PDS)//

REF/A/DOC/TITLE 37 US CODE SEC 403/03 JAN 07//

REF/B/DOC/JFTR 01 NOV 08//

REF/C/DOC/OPNAVINST 7220.12/24 DEC 05//

NARR/REF A IS THE LAW GOVERNING BAH.  REF B IS REGULATIONS GOVERNING 
BAH FOR THE UNIFORMED SERVICES.  REF C IS THE NAVY'S BAH POLICY.//

RMKS/1.  THIS NAVADMIN ANNOUNCES A CHANGE TO CURRENT ORDER WRITING 
POLICY.  EFFECTIVE IMMEDIATELY, SERVICE MEMBERS WHO HAVE NOT EXECUTED 
THEIR ORDERS ARE ELIGIBLE TO REMOVE THE HOUSEHOLD GOODS (HHG) FUNDING 
FROM THOSE ORDERS IN ORDER TO FALL UNDER THE PROVISIONS OF A CLOSE 
PROXIMITY MOVE AND MAY BE ELIGIBLE TO RECEIVE BAH BASED ON THE PREVIOUS 
PERMANENT DUTY STATION (PDS).  THE FOLLOWING POLICY IS IN ACCORDANCE 
WITH REFERENCES A AND B AND SUPERCEDES ANY GUIDANCE ON BAH AS IT 
PERTAINS TO CLOSE PROXIMITY MOVES LISTED IN REFERENCE C.

2.  SERVICE MEMBERS WITH OR WITHOUT DEPENDENTS WHO ARE REASSIGNED 
WITHIN THE CONTINENTAL UNITED STATES, MAINTAIN AN ESTABLISHED RESIDENCE, 
AND STILL COMMUTE DAILY TO THEIR NEW PDS OR HOMEPORT, MAY QUALIFY FOR 
BAH BASED ON THEIR PREVIOUS PDS UNDER THE PROVISIONS OF A CLOSE 
PROXIMITY MOVE.  TO QUALIFY FOR BAH BASED ON THE PREVIOUS PDS, THE 
FOLLOWING PROVISIONS MUST BE MET:
    A.  FUNDING FOR A HOUSEHOLD GOODS (HHG) MOVE MUST NOT BE AUTHORIZED.  
THE CURRENT ORDER WRITING SYSTEM AUTOMATICALLY ASSIGNS HHG FUNDING TO A 
MEMBER'S ORDERS WHEN THE PREVIOUS PDS AND NEW PDS ARE MORE THAN 30 
MILES APART.  IN THESE CASES, MEMBERS WOULD NOT BE ELIGIBLE TO RECEIVE 
BAH BASED ON THE PREVIOUS PDS.  HOWEVER, THESE MEMBERS CAN REQUEST 
THROUGH THEIR DETAILERS TO REMOVE THAT FUNDING LINE TO BECOME ELIGIBLE 
FOR BAH BASED ON THE PREVIOUS PDS.  THIS REMOVAL MUST BE COMPLETED 
PRIOR TO THE MEMBER EXECUTING THE ORDERS, OR NO AUTHORIZATION/ APPROVAL 
FOR BAH BASED ON THE PREVIOUS DUTY STATION CAN BE GRANTED.
    B.  THE MEMBER MUST MAINTAIN A CONTINUOUS RESIDENCE.  THE MEMBER 
MUST HAVE ESTABLISHED A CONTINUOUS RESIDENCE AT THE PREVIOUS PDS PRIOR 
TO RECEIVING HIS/HER NEW ORDERS.  IF THE MEMBER MOVES AFTER THE ISSUE 
DATE OF ORDERS, REGARDLESS OF WHETHER OR NOT THE MEMBER MOVED AT 
PERSONAL EXPENSE, THERE IS NO AUTHORIZATION FOR BAH BASED ON THE 
PREVIOUS PDS.
    C.  THE MEMBER MUST COMMUTE DAILY TO THE NEW PDS FROM THE SAME 
RESIDENCE.  THERE IS NO DISTANCE ESTABLISHED THAT CONSTITUTES A 
"REASONABLE COMMUTING DISTANCE."  THE MEMBER MUST SIMPLY COMMUTE FROM 
AND TO THE PREVIOUSLY ESTABLISHED RESIDENCE EACH DAY TO QUALIFY FOR 
THIS PDS-BASED ALLOWANCE.  HOWEVER, IN THE REQUEST FOR THIS PDS-BASED 
ALLOWANCE, THE COMMANDING OFFICER OF THE MEMBER'S GAINING COMMAND MUST 
VERIFY THAT THE COMMUTING DISTANCE IS "REASONABLE" OR NORMAL FOR THE 
GEOGRAPHIC LOCATION OF THE COMMAND.  FOR EXAMPLE, COMMUTING FROM 
WASHINGTON DC TO NORFOLK WOULD NOT BE CONSIDERED "REASONABLE" BECAUSE 
IT IS NOT A NORMAL COMMUTE.  A NOTE ON THE REQUEST MUST SAY, "IT IS 
(REASONABLE/ UNREASONABLE) TO SAY THAT THE MEMBER COULD COMMUTE TO AND 
FROM HIS RESIDENCE EACH DAY."

3.  BACK-TO-BACK CLOSE PROXIMITY MOVES.  A MEMBER WHO QUALIFIES (AS 
STIPULATED ABOVE) AND EXECUTES BACK-TO-BACK CLOSE PROXIMITY MOVES THAT 
RESULT IN A RETURN TO A PERMANENT DUTY STATION IN THE ORIGINAL MILITARY 
HOUSING AREA IS GENERALLY NOT AUTHORIZED TO MAINTAIN BAH AT THE 
PREVIOUS PDS RATE.  IN THIS CASE, THE MEMBER MAY EXPERIENCE A REDUCTION 
IN BAH, SINCE THE MEMBER'S HOUSING DECISION WAS MADE BASED ON THE LAST 
PCS MOVE THAT AUTHORIZED REASSIGNMENT TO THAT GEOGRAPHIC AREA.  WHAT 
OCCURS IN THIS CIRCUMSTANCE IS MERELY A RETURN TO A PREVIOUSLY 
AUTHORIZED BAH IN THE SAME GEOGRAPHIC AREA IN WHICH THE MEMBER HAS 
CONTINUOUSLY RESIDED.  EXAMPLE:  A SAILOR ASSIGNED TO PDS CAMP 
PENDLETON IS ORDERED TO PDS SAN DIEGO.  THE SAILOR IS SUBSEQUENTLY 
ORDERED BACK TO THE ORIGINAL PDS, CAMP PENDLETON.  THE SAILOR'S BAH IS 
AS FOLLOWS:
CAMP PENDLETON - CAMP PENDLETON RATE (BAH BASED ON PDS).
SAN DIEGO - SAN DIEGO RATE (BAH BASED ON PDS).
CAMP PENDLETON - CAMP PENDLETON RATE (BAH BASED ON PDS).
    A.  IN A CASE IN WHICH A MEMBER EXECUTES A CLOSE PROXIMITY MOVE AND 
REQUESTS TO MAINTAIN BAH AT THE PREVIOUS DUTY STATION RATE, AND THEN 
RECEIVES A NEW SET OF ORDERS TO THE CURRENT DUTY STATION LOCATION, THE 
MEMBER IS AUTHORIZED TO CONTINUE TO MAINTAIN THE PREVIOUS DUTY STATION 
RATE, SO LONG AS THE MEMBER CONTINUES TO MAINTAIN THE CURRENT RESIDENCE.  
EXAMPLE:  A SAILOR ASSIGNED TO PDS SAN DIEGO IS ORDERED (RELOCATION NOT 
AUTHORIZED) TO PDS CAMP PENDLETON.  THE SAILOR IS SUBSEQUENTLY ISSUED 
ANOTHER SET OF ORDERS TO PDS CAMP PENDLETON.  THE SAILOR'S BAH IS AS 
FOLLOWS:
SAN DIEGO - SAN DIEGO RATE (BAH BASED ON THE PDS) CAMP PENDLETON - SAN 
DIEGO RATE (BAH BASED ON THE PREVIOUS PDS) CAMP PENDLETON - SAN DIEGO 
RATE (BAH BASED ON THE PREVIOUS PDS)
    B.  IN A CASE IN WHICH A MEMBER EXECUTES A CLOSE PROXIMITY MOVE AND 
REQUESTS TO MAINTAIN BAH AT THE PREVIOUS DUTY STATION RATE, AND 
SUBSEQUENTLY EXECUTES A MOVE AT PERSONAL EXPENSE, NOT UNDER PCS ORDERS, 
THE MEMBER LOSES AUTHORIZATION FOR BAH AT THE PREVIOUS DUTY STATION 
RATE.  BAH AT THE PREVIOUS DUTY STATION RATE WAS INTENDED TO ALLOW THE 
MEMBER TO MAINTAIN A PREVIOUSLY ESTABLISHED RESIDENCE, NOT TO ESTABLISH 
A NEW RESIDENCE.  IF BAH AT THE PREVIOUS DUTY STATION IS STILL 
WARRANTED, THE MEMBER MUST REQUEST NEW AUTHORIZATION FROM COMMANDER, 
NAVY PERSONNEL COMMAND (PERS-451H), PROVIDING JUSTIFICATION FOR THE 
MOVE.  (SAVING THE GOVERNMENT THE EXPENSE OF A HOUSEHOLD GOODS MOVE 
DOES NOT CONSTITUTE JUSTIFICATION FOR BAH AT THE PREVIOUS PERMANENT 
DUTY STATION.)
    C.  IN A CASE IN WHICH A MEMBER QUALIFIES AND EXECUTES MULTIPLE 
BACK-TO-BACK CLOSE PROXIMITY MOVES, BAH IS BASED ON THE RATE OF THE 
LOCATION AT WHICH THE MEMBER ORIGINALLY MADE THE HOUSING DECISION.
FOR EXAMPLE, A MEMBER THAT EXECUTES PCS ORDERS FROM SAN DIEGO TO CAMP 
PENDLETON TO SAN DIEGO AND FINALLY BACK TO CAMP PENDLETON, AND 
QUALIFIES IN ALL OTHER ASPECTS FOR A CLOSE PROXIMITY MOVE, IS 
AUTHORIZED BAH AT THE SAN DIEGO RATE FOR THE ENTIRETY OF THOSE TOURS.  
CONVERSELY, A MEMBER THAT EXECUTES PCS ORDERS FROM CAMP PENDLETON TO 
SAN DIEGO TO CAMP PENDLETON AND FINALLY BACK TO SAN DIEGO, AND 
QUALIFIES IN ALL OTHER ASPECTS FOR A CLOSE PROXIMITY MOVE, WOULD BE 
AUTHORIZED BAH AT THE SAN DIEGO RATE WHEN STATIONED IN SAN DIEGO AND 
BAH AT THE CAMP PENDLETON RATE WHEN STATIONED AT CAMP PENDLETON.

4.  ALL REQUESTS FOR BAH AT THE PREVIOUS PDS RATE IN CONJUNCTION WITH A 
CLOSE PROXIMITY MOVE MUST BE SUBMITTED TO PERS-451H FOR ACTION.  A 
REQUEST WILL BE IN THE FORM OF A COMMAND ENDORSED LETTER FROM THE 
MEMBER'S GAINING COMMAND (NOT DETACHING COMMAND).  THE COMMANDING 
OFFICER'S ENDORSEMENT MUST INCLUDE THE FOLLOWING:
    A.  STATEMENT VERIFYING THE MEMBER'S RESIDENCE WAS ESTABLISHED 
PRIOR TO THE DATE THE MEMBER'S ORDERS WERE ISSUED.
    B.  STATEMENT VERIFYING THE MEMBER'S COMMUTE (LENGTH AND TIME OF
DRIVE) IS CONSIDERED TO BE REASONABLE, AND PERFORMED ON A DAILY BASIS.
    C.  THE MEMBER'S PCS ORDERS PROVIDED NO FUNDING TO RELOCATE 
RESIDENCE.
    D.  REQUESTS CANNOT BE ACCEPTED WITHOUT THE COMMANDING OFFICER'S 
ENDORSEMENT.

5.  WITH THE APPROVAL FOR A CLOSE PROXIMITY MOVE AND BAH AT THE 
PREVIOUS DUTY STATION, A MEMBER WILL FORFEIT THE AUTHORIZATION FOR ALL 
TRAVEL AND TRANSPORTATION ALLOWANCES.

6.  COMMANDS WITH QUESTIONS REGARDING THIS POLICY CHANGE ARE ENCOURAGED 
TO CONTACT THEIR LOCAL PSD'S FOR CLARIFICATION.  PSD'S WITH QUESTIONS 
MAY CONTACT:  LT MIKE BOWER, OPNAV N130C,
(703)695-3304 OR EMAIL michael.l.bower@navy.mil

7.  RELEASED BY VADM M. E. FERGUSON III, N1.//

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