If you’re under investigation for BAH (Basic Allowance for Housing) or OHA (Overseas Housing Allowance) fraud, you’re standing at a crossroads. One path leads to protecting your career and your freedom, and the other…well, let’s just say it doesn’t end well. Let’s not sugarcoat this: these investigations are serious. They can lead to charges of larceny, staggering debts, and potentially a court-martial. This isn’t just administrative cleanup; this is your future on the line.
Now, let me cut straight to the chase: the way you handle this situation right now can make all the difference. You’re in a high-stakes game, and the odds are not in your favor unless you play it smart. I’m here to tell you how to do exactly that.
First, let’s talk about the worst instinct you might have—the one that makes you think you can fix this on your own. Maybe you’re thinking, “I’ll just go down to my command, explain the mistake, and it’ll all work out.” Don’t do it. I repeat: do not do it. You’re walking into a trap, even if you don’t know it. Every word you say, every explanation you offer, can—and likely will—be used against you.
Here’s an example: You head to finance and say, “I just realized my family doesn’t live in Honolulu; they actually live outside of Lawton, Oklahoma.” You might think you’re clearing the air, but what you’ve actually done is hand over a potential admission of larceny. That’s right—by admitting the error, you may have just incriminated yourself. Investigators, prosecutors, and even your command now have a statement from you that they can use to build their case. And the worst part? You can’t take it back. Once it’s out there, it’s game over.
So if you can’t fix it yourself, what are you supposed to do? The answer is simple: stop everything and call an attorney. This is not the time for amateur hour. You need someone who understands the intricacies of military law and knows how to navigate these waters without sinking your case. This isn’t a DIY project—it’s a job for a professional.
Now, here’s the other side of the coin: doing nothing isn’t an option either. Continuing to collect housing allowances you’re not entitled to is a slow-motion disaster. Every month you take that money, you’re committing another act of larceny. Think of it like a snowball rolling downhill; the longer it rolls, the bigger it gets, and eventually, it’ll crush you.
So, what does the right path look like? It starts with getting the overpayment corrected immediately—but carefully. This isn’t as simple as walking into the finance office and signing a form. It’s a strategic process that often involves amending your orders, stopping the incorrect payments, and restarting the correct ones. Sometimes this means backdating the changes, which can create a debt to the government for the overpayments you received. Yes, that debt might sting, but it’s a much better outcome than facing criminal charges.
Here’s where an attorney earns their keep. They’ll make sure the correction process is done in a way that doesn’t implicate you. They’ll handle the communications with finance, your command, and even investigators, ensuring that every interaction is professional, precise, and most importantly, non-incriminating. This is the fine line we walk in these cases—taking corrective action while protecting you from liability.
Now, let’s address the elephant in the room: what if the mistake wasn’t just an oversight? What if you knowingly listed an address that wasn’t accurate to maximize your housing allowance? Maybe you were trying to stretch your budget or thought no one would notice. If that’s the case, you’re in deeper water, but it’s not over. This is where having the right attorney becomes critical. Our job isn’t to judge you—it’s to defend you. Even if there was negligence or intentional misrepresentation on your part, there are still ways to mitigate the damage and present your case in the best possible light.
One of the biggest mistakes service members make in these situations is thinking they can “talk their way out of it.” I’ve seen it time and time again: someone walks into their S-1 office, finance, or command, confident that they can explain the situation. They think being honest and upfront will help. Instead, they hand over everything the prosecution needs to build a case against them. Don’t be that person. If you feel the urge to talk, call your attorney instead. They’re the only person you should be explaining anything to.
There’s another layer to this that often gets overlooked: perception. In the military, how you’re perceived can be just as important as the facts of the case. Running around trying to fix things on your own can make you look guilty, even if your intentions are good. On the flip side, doing nothing can make you look indifferent or even complicit. That’s why having an attorney handle this for you is so important. They know how to manage the optics while addressing the underlying issues.
Let’s not forget the financial impact of this situation. If you’ve been overpaid, you’re going to owe that money back. And yes, it might be a hefty sum. But paying off that debt is a small price to pay compared to the cost of a court-martial, a dishonorable discharge, or time behind bars. An attorney can help you negotiate repayment terms, ensuring that you meet your obligations without sinking yourself financially.
These cases are complex, but they’re not impossible to handle—if you approach them the right way. The key is to act quickly, but not recklessly. Get an attorney on your side, follow their advice, and let them guide you through the process. The sooner you take action, the better your chances of coming out of this with your career and reputation intact.
In the end, it all comes down to this: don’t try to fix this on your own, but don’t let it fester either. There’s a path forward, but you need the right guide to help you navigate it. If you’re in this situation, reach out, take action, and let us help you protect what you’ve worked so hard to build.