RAAUZYUW RUCCBWF0052 1611246-UUUU--RHMCCSUU. ZNR UUUUU R 101246Z JUN 10 ZYB FM COMNAVPERSCOM MILLINGTON TN//BUPERS261// TO AIG 9226 CBC GULFPORT MS CO MCB CAMP LEJEUNE NC COMNAVREG MIDLANT NORFOLK VA COMNAVREG NW SEATTLE WA COMNAVREG SE JACKSONVILLE FL NAS PENSACOLA FL NAVPAYPERS SUPPCEN NORFOLK VA NAVSUPPACT MID SOUTH MILLINGTON TN NFELC PORT HUENEME CA NSTC GREAT LAKES IL PERSUPP DET AFLOAT LANT NORFOLK VA PERSUPP DET AFLOAT WEST SAN DIEGO CA PERSUPP DET NAVSUPPACT MEMPHIS TN PERSUPP DET PEARL HARBOR HI PRECOMDET NEW ORLEANS PRECOMUNIT CALIFORNIA PRECOMUNIT GRAVELY PRECOMUNIT JASON DUNHAM PRECOMUNIT MISSOURI PUBLIC SAFETY COMNAVREG SW SAN DIEGO CA USS DEWEY USS NEW MEXICO USS NEW YORK USS WAYNE E MEYER COMNAVRESFORCOM NORFOLK VA USS FREEDOM INFO COMNAVPERSCOM MILLINGTON TN//BUPERS261// BT UNCLAS //N01000// SECINFO/-/-// MSGID/GENADMIN,USMTF,2008/COMNAVPERSCOM MILLINGTON TN// SUBJ/PAY AND PERSONNEL INFORMATION BULLETIN 10-12// POC/RHONDA HARDERS/CDR/UNIT:BUPERS-26/NAME:MILLINGTON, TN /TEL:901-874-3465// GENTEXT/REMARKS/1. PASS TO ADMINOFF, PERSOFF, CCC/NC, AND DISBO. THIS MESSAGE TARGETS PERSONNEL, ADMINISTRATIVE, DISBURSING, AND PASS OFFICES WITH CURRENT PAY/PERSONNEL ISSUE (PPIB). A. ISSUE 101201: CRITICAL HOUSING AREAS. B. ISSUE 101202: CLOSE PROXIMITY MOVE GUIDANCE. C. ISSUE 101203 CUSTODY ISSUES FOR CHILDREN BORN OUT OF WEDLOCK- BAH AUTHORIZATIONS. A. ISSUE 101201: NAVADMIN 157/10 REMOVED ALL PREVIOUSLY DESIGNATED CRITICAL HOUSING AREA (CHA) LOCATIONS FROM THE CRITICAL HOUSING LIST. EFFECTIVE 30 APRIL 2010, PERSONNEL RECEIVING ORDERS TO THE FOLLOWING LOCATIONS ARE NO LONGER ELIGIBLE FOR CONSIDERATION TO DRAW BASIC ALLOWANCE FOR HOUSING (BAH) BASED ON THE CURRENT PERMANENT RESIDENCE LOCATION OF DEPENDENTS DUE TO ASSIGNMENT IN A CRITICAL HOUSING AREA: SAN DIEGO, CA YAKIMA, WA MOSCOW, ID NEW ORLEANS, LA GULFPORT, MS MARINETTE, WI MEMBERS WITH APPROVED CHA BENEFITS AT THE ABOVE LOCATIONS MAY RETAIN THEIR BENEFITS THOUGH THE DURATION OF THEIR CURRENT ASSIGNMENT. MEMBERS WHO WERE ISSUED PCS ORDERS TO ONE OF THE ABOVE LOCATIONS PRIOR TO 30 APRIL 2010 ARE ELIGIBLE FOR BAH BASED ON THE CURRENT PERMANENT RESIDENCE LOCATION OF DEPENDENTS VICE THE LOCATION OF THE PERMANENT DUTY STATION (PDS). SAILORS WHO EXTEND THEIR TOUR OF DUTY UNDER THE SAME SET OF ORDERS MAY CONTINUE TO RECEIVE BAH AT DEPENDENT LOCATION. SAILORS WHO RECEIVE A NEW, FOLLOW-ON SET OF ORDERS WITHIN THE SAME MILITARY HOUSING AREA (MHA) WILL RECEIVE BAH AT THE RATE OF THE MHA UPON EXECUTION OF THE NEW PERMANENT CHANGE OF STATION (PCS) ORDERS. IN OTHER WORDS, RECEIPT OF BAH AT DEPENDENT LOCATION WILL END WITH THE CURRENT SET OF ORDERS. WAIVER REQUESTS TO CONTINUE TO RECEIVE BAH AT DEPENDENT LOCATION FOR MEMBERS WHO DO NOT MEET THE ABOVE CRITERIA MUST BE SUBMITTED TO PERS-451H AND WILL BE DETERMINED ON A CASE-BY-CASE BASIS FOLLOWING A REVIEW OF THE SAILORS CIRCUMSTANCE IN GENERAL, ELIGIBILITY TO RECEIVE BAH BASED ON DEPENDENT LOCATION WILL REMAIN IN EFFECT UNTIL ANY OF THE FOLLOWING OCCURS: THE SAILOR EXECUTES A PCS FROM HIS OR HER PDS THE SAILOR SEPARATES FROM ACTIVE DUTY THE SAILORS DEPENDENCY STATUS CHANGES, OR THE SAILORS DEPENDENTS RELOCATE OUT OF THE MHA FOR WHICH PAYMENT IS AUTHORIZED. POINT OF CONTACT IS LT BRANDI MCGEHEE, OPNAV N130C, EMAIL: BRANDI.MCGEHEE@NAVY.MIL OR COMMERICAL: 703-695-3304 DSN: 225-3304. B. ISSUE 101202: CLOSE PROXIMITY MOVE NAVADMIN 101/10 WAS RELEASED ON 19 MARCH, CLARIFYING ELIGIBILITY FOR A CLOSE PROXIMITY MOVE. THE DETAILS ARE PROVIDED IN THE BELOW ARTICLE. 1. 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). 2. SERVICE MEMBERS WITH OR WITHOUT DEPENDENTS WHO ARE REASSIGNED WITHIN THE CONTINENTAL UNITED STATES (CONUS), 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. 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, VA 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." THE GAINING COMMANDING OFFICERS VERIFICATION MUST BE REQUESTED AND RECEIVED PRIOR TO EXECUTING PCS ORDERS TO THAT COMMAND; THIS VALIDATION DETERMINES WHETHER OR NOT THE DETAILER WILL REMOVE HHG FUNDING DATA IN ADVANCE OF EXECUTION OF THE ORDERS. 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. 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 DATA MUST REMAIN IN SUPPORT OF INTERIM TDY STOPS, DETAILER MUST INCLUDE A SPECIFIC NOTE IN THE ORDER MOD THAT INDICATES FUNDING REMAINS ONLY FOR TDY TRAVEL, AND THAT HHG FUNDING HAS BEEN REMOVED. 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 MAINTAINED. D. THE TEMPLATES FOR THE REQUEST AUTHORIZATION AND THE APPROVAL LETTER ARE POSTED ON THE OPNAV N130 WEBSITE AT: HTTP://WWW.NPC.NAVY.MIL/CAREERINFO/PAYANDBENEFITS/N130/N130C.HTM 5. IF THE ABOVE STEPS ARE NOT COMPLETED PRIOR TO THE EXECUTION OF ANY PART OF THE ORDER, 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. 6. 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 BASED ON 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. POINT OF CONTACT IS LT BRANDI MCGEHEE, OPNAV N130C, EMAIL: BRANDI.MCGEHEE@NAVY.MIL OR COMMERICAL: 703-695-3304 DSN: 225-3304. C. ISSUE 101203: FOR MEMBERS STATIONED INCONUS: IN ACCORDANCE WITH JFTR, CHAPTER 10, ARTICLE U10118 ADOPTED,ILLEGITIMATE AND STEPCHILD(REN), FOR A CHILD BORN OUT OF WEDLOCK, THE MEMBER MUST PROVIDE PROOF OF PARENTAGE IN ORDER TO CLAIM THE CHILD FOR HOUSING ALLOWANCE PURPOSES. FOR A CHILD BORN OUT OF WEDLOCK, A BIRTH CERTIFICATE WITH THE MEMBER'S NAME CITED IS REQUIRED. IF THE MEMBER'S NAME IS NOT STATED ON THE BIRTH CERTIFICATE, OR A COURT-ORDER, OBTAIN A SIGNED STATEMENT OF PARENTAGE FROM THE MEMBER. CUSTODY IS ESTABLISHED THROUGH LEGAL COURT ORDER. IN THE ABSENCE OF A LEGAL CUSTODY AGREEMENT, PRIMARY CUSTODY IS ASSUMED TO BE WITH THE MOTHER, EVEN IF THE CHILD IS RESIDING WITH THE FATHER. WITHOUT A COURT ORDER, THERE IS NO LEGAL BASIS TO ASSUME THE FATHER HAS CUSTODY OF THE CHILD. IF THE ILLEGITIMATE CHILD(REN) IS (ARE) NOT IN THE CUSTODY OF THE MEMBER PARENT, THE CASE IS TREATED IAW THE RULES FOR BAH-DIFF. THE SAME RULES APPLY WHEN APPLICABLE TO A MEMBER-MOTHER NOT HAVING CUSTODY. THE MEMBER-PARENT MAY CLAIM AN ILLEGITIMATE CHILD(REN) FOR HOUSING ALLOWANCE PURPOSES. PROOF OF DEPENDENT SUPPORT IS ORDINARILY NOT REQUIRED. THE PROVISIONS OF JFTR U10106-A ARE APPLIED. IN THIS CASE, THE PAGE 2 MUST BE UPDATED TO REFLECT THAT HE/SHE MEETS THE REQUIREMENTS OF THE RULES FOR BAH-DIFF; SPECIFICALLY: THE MEMBER MUST SUBMIT A SWORN STATEMENT THAT HE/SHE SUPPORTS THE CHILD(REN) EACH MONTH IN THE AMOUNT OF $XXX.XX. THE SUPPORT AMOUNT MUST BE STATED IN THE PAGE 2 IN ORDER FOR THE PSD TO DETERMINE IF THIS AMOUNT IS GREATER THAN THE BAH-DIFF AMOUNT FOR HIS/HER PAYGRADE, HOWEVER PROOF OF SUPPORT IS NOT REQUIRED. THERE IS NO REQUIREMENT FOR PROOF OF SUPPORT UNLESS EVIDENCE (E.G., SPECIAL INVESTIGATION REPORTS; RECORD REVIEWS; FRAUD, WASTE AND ABUSE COMPLAINTS; SWORN TESTIMONY OF INDIVIDUALS; STATEMENT BY MEMBER) OR COMPLAINTS FROM DEPENDENTS OF NONSUPPORT OR INADEQUATE SUPPORT ARE RECEIVED. AS LONG AS THE MEMBER CERTIFIES THAT HE/SHE IS SUPPORTING HIS CHILD IN GREATER THAN THE AMOUNT OF BAH-DIFF FOR HIS PAYGRADE, THE PSD MAY NOT REQUIRE HIM TO PROVIDE PROOF OF SUPPORT UNLESS THERE ARE EXTENUATING CIRCUMSTANCES SURROUNDING THE MEMBER'S SITUATION. FOR MEMBERS ASSIGNED TO UNACCOMPANIED/DEPENDENT-RESTRICTED TOUR OR ASSIGNED TO UNUSUALLY ARDUOUS SEA DUTY WISHING TO CLAIM BAH AT DEPENDENT LOCATION FOR CHILD BORN OUT OF WEDLOCK. IN ACCORDANCE WITH THE JFTR, CHAPTER 10, ARTICLE U10402 MEMBER WITH DEPENDENT, EFFECTIVE 2 FEBRUARY 2005, A SINGLE OR DIVORCED MEMBER WHO MAINTAINS LEGAL AND PHYSICAL CUSTODY OF A CHILD(REN) BEFORE RECEIPT OF A PCS AUTHORIZATION/ORDER TO AN UNACCOMPANIED TOUR MAY CONTINUE TO BE PAID BAH AT THE WITH-DEPENDENT RATE, FOR LAST PDS, OR DESIGNATED PLACE FOR CERTAIN PERIODS IF THE REQUIREMENTS OF PAR.U10402-A ARE MET. THE DIVORCE DECREE MUST BE SPECIFIC ON THE TIME PERIOD(S) THE MEMBER HAS LEGAL AND PHYSICAL CUSTODY. BAH AT THE WITH-DEPENDENT RATE IS AUTHORIZED ONLY FOR THE TIME PERIOD THE MEMBER WOULD HAVE THE CUSTODY OF THE CHILD(REN) IF NOT SERVING ON THE UNACCOMPANIED TOUR. THE MEMBER MUST, FOR MILITARY NECESSITY, PLACE THE CHILD(REN) IN THE PHYSICAL CUSTODY OF A RELATIVE OR CARE GIVER DESIGNATED BY THE MEMBER, TO BE AUTHORIZED BAH OR OHA AT THE WITH-DEPENDENT RATE. IF THE MEMBER DOES NOT HAVE LEGAL AND PHYSICAL CUSTODY OF THE CHILD(REN) BEFORE RECEIPT OF A PCS ORDER, HE/SHE IS NOT ELIGIBLE. CUSTODY IS ESTABLISHED THROUGH LEGAL COURT ORDER. IN THE ABSENCE OF A LEGAL CUSTODY AGREEMENT, PRIMARY CUSTODY IS ASSUMED TO BE WITH THE MOTHER, EVEN IF THE CHILD IS RESIDING WITH THE FATHER. WITHOUT A COURT ORDER, THERE IS NO LEGAL BASIS TO ASSUME THE FATHER HAS CUSTODY OF THE CHILD. IN THIS CASE, CUSTODY MUST BE PROVEN TO BE AUTHORIZED BAH AT DEPENDENT LOCATION. POINT OF CONTACT IS LT BRANDI MCGEHEE, OPNAV N130C,EMAIL: BRANDI.MCGEHEE@NAVY.MIL OR COMMERICAL: 703-695-3304 DSN: 225-3304.// BT #0052 NNNN