PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR2000043557

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reimbursement of the difference between basic allowance for subsistence (BAS) at the regular rate and the ration-in-kind not available (RIKNA) rate for the period of 10 September 1999 through 25 April 2000. 

3.  The applicant states, in effect, that upon arrival at his unit on 10 September 1999 he should have been approved for BAS at the RIKNA rate instead of the regular rate because there are no mess facilities at his duty location.  He further states that he brought this to the attention of his unit personnel office; however, it was not until 26 April 2000 that any action was taken to correct the error.  He goes on to state that although the unit took action to obtain his entitlement to back pay for BAS at the RIKNA rate, he was informed that they had no authority to award back pay and that he had to apply to the Board for such action.. 

4.  The applicant’s military records show that upon assignment to Washington, D.C. his BAS entitlements were started at the regular rate effective 12 September 1999.  

5.  On 26 April 2000 a personnel actions request (DA Form 4187) was submitted by the applicant’s personnel office authorizing his BAS at the RIKNA rate effective 13 September 1999 based on the absence of a dining facility at the applicant’s duty station.

6.  In the processing of this case a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) which opined, in effect, that the applicant’s BAS at the RIKNA rate was started on 26 April 2000 and that the processing finance office did not have the authority to make retroactive payments.  The opinion was provided to the applicant and he concurred with it.

7.  Department of the Army Circular 210-90-1 prescribes the policies and procedures regarding BAS.  It states, in pertinent part, that BAS at the RIKNA rate will be authorized when there are no government mess facilities available at the duty station and that retroactive payment of BAS can be made on an oral authorization promptly confirmed in writing, within 5 working days under normal circumstances.

CONCLUSIONS:

1.  It appears that an administrative error occurred when the applicant was not authorized BAS at the RIKNA rate at the time he inprocessed at his unit on 10 September 1999.  Inasmuch as the applicant had to rely on unit personnel to properly authorize the appropriate BAS, the Board finds that the applicant was unjustly denied a benefit that he otherwise was entitled to receive had the error not occurred.
2.  Therefore, since unit officials are responsible for issuing meal cards and authorizing BAS to newly arrived personnel, it is unreasonable to assume that the delay in submitting the proper authorization for BAS at the RIKNA rate was caused by the applicant.  Accordingly, he should have been authorized BAS at the RIKNA rate effective the day he signed into the unit (10 September 1999). 

3.  While the applicable regulation states that retroactive payment of BAS may be made if the authorization is confirmed within 5 working days under normal circumstances, payment is not precluded if the authorization is not confirmed within 5 days.  The Army does not expect a soldier to pay for their meals without appropriate recompense regardless of who was at fault.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was authorized BAS at the RIKNA rate from 10 September 1999 through 25 April 2000, with entitlement to all back pay and allowances.

BOARD VOTE:  

___rks __  ___hof __  ___jpi ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043557	
SUFFIX		
RECON		
DATE BOARDED	2000/09/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  295	128.1200/BAS	
2.		
3.		
4.		
5.		
6.