In-Processing to Korea? Why Accuracy on Your BAH and OHA Forms Is Critical
Tim Bilecki
Owner and Managing Attorney at Bilecki Law Group, PLLC. Court Martial Trial Lawyer.
When you PCS (Permanent Change of Station) to Korea, accurately completing your BAH (Basic Allowance for Housing) and OHA (Overseas Housing Allowance) forms is essential. Mistakes—whether intentional or not—can lead to financial issues, audits, and even criminal prosecution.
A major area of concern in Korea is fraud related to housing allowances. Service members on unaccompanied orders(those whose dependents are not authorized to move with them) must correctly report their spouse’s actual residence—not where they think they’ll live, plan to live, or where they’d receive the highest allowance.
Why This Matters: The Reality of Housing Allowance Fraud in Korea
Here’s where the fraud issue comes in:
? If your spouse is in the U.S., you receive BAH based on their actual U.S. location.
? If your spouse is overseas, you may receive OHA—but only if they actually live there at the time of your PCS.
? Fraud occurs when service members falsely claim their spouse lives in a high-cost overseas location (e.g., Hong Kong, Singapore, or China) to receive a higher OHA payment instead of BAH.
? The Army audits these claims frequently in Korea, using a process called Target File Analysis to verify the legitimacy of overseas housing allowances.
? If discovered, fraudulent claims can result in recoupment of funds, UCMJ action, and even prosecution, leading to fines, rank reduction, separation, or jail time.
To protect yourself, you must accurately report where your spouse actually resides. Even if your spouse is considering moving, you cannot list a future or planned address—you must use their current location.
Step 1: Verify Your Housing Allowance Type
? If your spouse lives in the U.S., you are entitled to BAH at their actual location—not where they may live in the future.
? If your spouse resides overseas, you may be eligible for OHA, but you must provide proof of their actual residence.
Step 2: Complete the Required Forms Correctly
? For BAH: Ensure your dependent’s U.S. address is accurate. Listing a false address or an area with higher BAH rates is fraud.
? For OHA (DD Form 2367): If your spouse is overseas, you must provide documentation of their actual residence, including:
? Lease agreements
? Utility bills
? Government-issued identification with their overseas address
Step 3: Be Prepared for an Audit
? Korea is a high-risk location for housing fraud audits.
? The Army finance office routinely verifies overseas housing claims—if they find inconsistencies, you may be required to repay thousands of dollars in overpaid allowances.
? If fraud is suspected, you could face investigations, administrative action, and prosecution under the UCMJ (Articles 107 and 132).
Common Mistakes That Lead to Audits and Investigations
1. Listing a “future” or “planned” address instead of your spouse’s actual current location.
2. Claiming a spouse lives overseas when they are actually in the U.S.
3. Using an overseas address to receive higher OHA payments without proper documentation.
4. Failing to update records if your spouse moves after your PCS.
Navigating In-Processing in Korea: What to Expect
Once you arrive in Korea, you will go through an in-processing briefing, which includes a finance session where you will submit your housing forms. Follow these steps to ensure a smooth and compliant process:
1. Gather Required Documentation
? PCS Orders
? Dependent information
? Previous housing details
? Lease agreements (if applying for OHA)
2. Attend the Finance Briefing
? Pay attention to the section on BAH and OHA compliance.
? Ask questions if you are unsure about your entitlements.
3. Accurately Complete Your Forms
? Work with the finance office to ensure you are reporting the correct location for your spouse.
4. Verify Your LES (Leave and Earnings Statement)
? Once your housing allowance starts, check your LES to confirm the correct payment amount.
? If something seems off, report it immediately to avoid recoupment issues later.
What Happens If You Submit False Information?
? Immediate Audit & Investigation – The Army has dedicated teams in Korea that regularly investigate BAH and OHA fraud.
? Recoupment of Funds – If found guilty of an overpayment due to false claims, you will be required to repay thousands of dollars.
? UCMJ Charges & Legal Consequences – Fraudulent claims can result in UCMJ violations under Article 107 (False Official Statements) and Article 132 (Fraud Against the U.S.). Consequences can include:
? Loss of rank
? Forfeiture of pay
? Separation from the military
? Jail time
Final Takeaway: Avoid the Risk—Report Your Spouse’s Actual Location
To protect yourself from audits, recoupments, and legal action:
Always report where your spouse actually lives—not where you think they might live in the future.
Do not attempt to increase your OHA by listing a high-cost overseas location unless your spouse is truly residing there.
Keep all supporting documents (leases, utility bills, proof of residency) in case of an audit.
If your spouse moves after your PCS, update your records immediately.
By following these steps, you can avoid costly mistakes, ensure compliance, and protect your military career while in-processing to Korea.
If you’re ever in doubt, consult your unit’s S-1 or finance office before submitting your forms. Should an investigation come your way, speak with an attorney who specialized in court martial defense.