Our attorneys fight for service members no matter who the opposing party is. Patriots Law Group has filed a lawsuit seeking to recover unpaid (or recouped) military pay from Army Reservists. Read more about our efforts below and if you have been deprived of military pay contact our team dedicated to this matter at [email protected].
Read about our work in the news:
Stars and Stripes-Army's Denial of Housing Allowances Draws Potential Class-Action Lawsuit
Army Times: Reservists Say Army Denied BAH on Deployment, Now They are Suing to Get It Back.
Army Reserve Basic Allowance for Housing (BAH) Lawsuit
Patriots Law Group filed a lawsuit in the U.S. Court of Federal Claims against the Army for wrongfully denying primary residence location basic allowance for housing (BAH) payments to Army Reserve Component (RC) members who mobilized on Active Duty (AD) orders. The Army's gross negligence caused financial and professional damage by intentionally denying or recouping benefits that should have been paid to RC members on AD orders. We believe this situation has impacted hundreds, if not thousands, of Army RC members.
The Plaintiffs in the current lawsuit were members of the RC of the U.S. Army, maintained a permanent residence from which they were mobilized, were not authorized transportation of household goods, and were entitled to receive a primary residence location BAH, in addition to Overseas Housing Allowance as mandated by the Joint Travel Regulation (JTR). The Army later sought to recoup the allowances from these soldiers, and in many cases accused the RC members of fraudulent behavior for receiving these entitlements.
The Army Board for Corrections of Military Records (ABCMR) provided an extremely rare personal appearance to PLG co-founder, Patrick Hughes to present the case of the named service members. The Board determined the service members were in fact entitled to housing benefits under the JTR and ordered the Army to return the unlawfully withheld monies and remove any military records related to the erroneous investigations and/ or discipline issued on this matter.
If you believe you have been impacted by the Army's wrongful interpretation of the JTR, please contact PLG using the above form.
What does this lawsuit mean for you?
Patriots Law Group is seeking to recover the full amount of housing allowances denied or recouped from Army RC members who were entitled to these benefits as mandated by the JTR. You may be entitled to back pay and any related recoupment/negative personnel action you have been subjected to may be rescinded if the following provision of the JTR applies to you:
Chapter 10, Part E, Section 13, ¶ 10428 (pg. 851 of 1014) (2017):
“An RC member called/ordered to active duty in support of a contingency operation is authorized BAH/OHA for the duration of the tour. If the RC member receives a PCS order authorizing HHG transportation, BAH/OHA is based on the new PDS. However, if the member is called or ordered to active duty and a PCS order [authorizing HHG transportation] is not issued, BAH/OHA rate is based (paid) on the primary residence location at the time called/ordered to active duty except for an AGR as prescribed in par. 10428-C.” See ¶ 10428.B.
Can you be reprimanded for joining this lawsuit?
Not under 10 U.S.C. § 1034, “The Military Whistleblower Protection Act” (MWPA). The MWPA provides protections to members of the armed forces who make certain “protected communications,” like raising a violation of law/regulation or an abuse of authority. By following our advice, any unfavorable action taken against you because of your involvement here should be considered an unlawful reprisal and is a violation of the MWPA.
Patriots Law Group serves clients – military, dependent, retirees and civilians – throughout Maryland, Virginia, Washington, D.C., and New York, including but not limited to, Upper Marlboro, Bowie, Prince Frederick, Dunkirk, College Park, Hyattsville, LaPlata, Fort Washington, Clinton, Prince George's County, Calvert County, Charles County, and military installations at Joint Base Andrews, Fort George G. Meade, Surface Forces Logistics Center, Bethesda Naval Hospital, U.S. Naval Academy, Patuxent River, Bolling Air Force Base, Fort Belvoir, the Navy Yard, and the Pentagon.
DISCLAIMER: The contents of this website are intended to convey general information only and not to provide legal advice or opinions. No action should be taken in reliance on the information contained on this website and Patriots Law Group and its affiliated attorneys disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.
