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Practice Area: BAH Lawsuit

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 in the United States, 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.

If you believe you have been impacted by the Army’s wrongful interpretation of the JTR, please email Patriots Law Group at lawclerk@patriotslaw.com with the details of your situation.

What does this lawsuit mean for you?

If successful, 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You may be entitled to back pay and any related recoupment/negative personnel action you have been subjected to may be rescinded if the following provision of the JTR applies to you: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 (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?

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.

In the News:

Army Times: Reservists Say Army Denied BAH on Deployment, Now They are Suing to Get It Back.

Reservists Say Army Denied Housing Benefits, Garnished Wages and Launched Unfair Criminal Probes. Now They’re Suing.

Stars and Stripes: “Why Was I arrested at All?” – Reservists Investigated for Using Army-Provided Housing Allowance Fight to Clear Names.