CLARIFICATION TO CLOSE PROXIMITY MOVE POLICY AND ELIGIBILITY TO RECEIVE BASIC ALLOWANCE FOR HOUSING BASED ON PREVIOUS PERMANENT DUTY STATION:
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R 191847Z MAR 10
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
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NAVADMIN 101/10
MSGID/GENADMIN/CNO WASHINGTON DC/N1/MAR//
SUBJ/CLARIFICATION TO CLOSE PROXIMITY MOVE POLICY AND ELIGIBILITY TO
RECEIVE BASIC ALLOWANCE FOR HOUSING BASED ON PREVIOUS PERMANENT DUTY
STATION//
REF/A/DOC/TITLE 37 US CODE SEC 403/3JAN07//
REF/B/DOC/JFTR 1NOV08//
REF/C/DOC/OPNAVINST 7220.12/24DEC05//
REF/D/MSG/NAVADMIN 026/09//
REF/E/DOC/N130 CLOSE PROXIMITY MOVE GUIDANCE/8JUN09//
NARR/REF A IS THE LAW GOVERNING BASIC ALLOWANCE FOR HOUSING (BAH).
REF B IS REGULATIONS GOVERNING BAH FOR THE UNIFORMED SERVICES. REF C
IS THE NAVY'S BAH POLICY. REF D IS ORDER WRITING POLICY CHANGE IN
REGARDS TO CLOSE PROXIMITY MOVES. REF E IS N130 POLICY MEMO OUTLINING
PROCEDURES FOR MEMBERS TO QUALIFY FOR A CLOSE PROXIMITY MOVE.//
RMKS/1. THIS NAVADMIN CLARIFIES ELIGIBILITY AND PROCEDURES FOR
EXECUTION OF A CLOSE PROXIMITY MOVE. THE FOLLOWING POLICY IS IN
ACCORDANCE WITH REFS A AND B AND SUPERSEDES ANY GUIDANCE ON BASIC
ALLOWANCE FOR HOUSING (BAH) AS IT PERTAINS TO CLOSE PROXIMITY MOVES
LISTED IN REFS C AND D.
2. 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).
3. 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 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. THERE IS NO RETROACTIVE
APPROVAL PROCESS OR WAIVER FOR GRANTING BAH AT THE PREVIOUS PDS IF
ORDERS ARE EXECUTED THAT INCLUDE HHG FUNDING AUTHORIZATION.
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."
4. 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. IF 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.) 5. TO
RECEIVE BAH BASED ON THE OLD PDS, THE MEMBER MUST COMPLETE THE BELOW
STEPS PRIOR TO THE EXECUTION OF ORDERS:
A. REQUEST AUTHORIZATION FROM THE GAINING COMMANDING OFFICER TO
RECEIVE BAH BASED ON HIS/HER PREVIOUS DUTY STATION. GAINING COMMANDING
OFFICERS SHOULD ENSURE THAT MEMBER IS MAINTAINING A CONTINUOUS
RESIDENCE AND THAT THE COMMUTING DISTANCE FROM THAT CONTINUOUS
RESIDENCE IS REASONABLE FOR THE GEOGRAPHIC LOCATION OF THE ASSIGNMENT.
B. IF APPROVED BY THE GAINING COMMANDING OFFICER, THE MEMBER MUST
SEND THE APPROVAL LETTER TO HIS/HER DETAILER IN ORDER TO GET THE HHG
FUNDING REMOVED FROM HIS/HER ORDERS. IF FUNDING MUST REMAIN IN SUPPORT
OF INTERIM TDY STOPS, DETAILER MUST INCLUDE A SPECIFIC NOTE IN THE
ORDER MODIFICATION THAT INDICATES FUNDING REMAINS ONLY FOR TDY TRAVEL,
AND THAT HHG FUNDING HAS BEEN REMOVED. NOTE: TO STREAMLINE THE
PROCESS, CO APPROVAL LETTERS SHOULD BE SENT FROM THE MEMBER DIRECTLY TO
THE MEMBER'S DETAILER; REQUESTS SHOULD NOT BE FORWARDED TO PERS-451H AS
PREVIOUSLY INDICATED IN REFERENCE (C).
C. ONCE HHG FUNDING IS REMOVED FROM THE ORDERS AND THE ORDERS ARE
RE-ISSUED, THE MEMBER MUST TAKE THE APPROVAL LETTER AND THE ORDERS TO
PSD UPON CHECK IN TO THE GAINING COMMAND TO HAVE BAH BASED ON THE
PREVIOUS DUTY STATION CONTINUED.
D. THE TEMPLATES FOR THE REQUEST AUTHORIZATION AND THE
APPROVALLETTER MAY BE FOUND IN ENCLOSURE (1) AND ENCLOSURE (2) OF
REFERENCE (E). THESE DOCUMENTS ARE POSTED ON THE OPNAV N130 WEBSITE AT:
HTTP://WWW.NPC.NAVY.MIL/CAREERINFO/PAYANDBENEFITS/N130/N130C.HTM
6. IF CO APPROVAL IS NOT RECEIVED, HHG FUNDING IS NOT REMOVED, AND
ORDERS ARE NOT RE-ISSUED PRIOR TO THE EXECUTION OF ANY PART OF THE
ORDERS, THE MEMBER IS NOT ELIGIBLE FOR A CLOSE PROXIMITY MOVE OR BAH AT
THE PREVIOUS PERMANENT DUTY STATION. ONCE ANY PART OF THE ORDERS HAVE
BEEN EXECUTED AND/OR THE MEMBER REPORTS TO THE NEW COMMAND, THE CO DOES
NOT HAVE THE AUTHORITY TO APPROVE THE CLOSE PROXIMITY MOVE, THE
DETAILER DOES NOT HAVE THE AUTHORITY TO RETROACTIVELY REMOVE HHG
FUNDING FROM THE ORDERS AND THE PSD DOES NOT HAVE THE AUTHORITY TO PAY
BAH BASED ON THE PREVIOUS PDS.
7. 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.
8. THIS POLICY DOES NOT APPLY TO MEMBERS WHO ARE RECEIVING BAH BASEDON
THEIR DEPENDENTS' LOCATION AT THE PREVIOUS PDS AND SUBSEQUENTLY RECEIVE
NEW ORDERS IN THE VICINITY OF THEIR DEPENDENTS'
RESIDENCE. ALLOWANCES MAY ONLY BE BASED ON THE PREVIOUS PERMANENT DUTY
STATION, NOT ON THE LOCATION IN WHICH THE DEPENDENTS ARE RESIDING.
9. COMMANDS WITH QUESTIONS REGARDING THIS POLICY CHANGE ARE ENCOURAGED
TO CONTACT THEIR LOCAL PSD FOR CLARIFICATION. PSD PERSONNEL WITH
QUESTIONS MAY CONTACT: LT BRANDI MCGEHEE, OPNAV N130C, (703)695-3304
OR EMAIL AT brandi.mcgehee@navy.mil OR nxag_n130c2@navy.mil.
10. RELEASED BY VADM MARK FERGUSON, N1.//
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