Docket No. 3883-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) Joint Travel Regulations (c) DoD FMR Encl: (1) DD Form 149 w/attachments (2) CNO memo 7220 Ser N130C4/20U0869 of 12 Jun 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to establish Petitioner’s indebtedness resolved and refund of all pay garnishments due to Basic Allowance for Subsistence (BAS) deductions and failure to pay Per Diem for food while in a Temporary Duty (TDY) status. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 January 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 2 September 2017 Petitioner departed and reported to, for Temporary Duty (TDY) for approximately 123 days per BUPERS Order 2131. Standard BAS and Discount Meal Rate deduction started effective this date. b. Paragraph 020304 of reference (b) explains Meals and Incidental Expenses (M&IE) portion of Per Diem. The meal portion of per diem cover expenses for breakfast, lunch, and dinner, including related taxes and tips for meals. Meal rates change depending on who the traveler is (Service member or Civilian employee), the location, the number, and types of meals available. Table 2-17 of reference (b) breaks down the Standard Government Meal Rate (GMR) and how it is applied. Incidental Expense “Only” applies when all meals are provided at no cost to the traveler. c. Paragraph 2502 of reference (c) discuses BAS and during Accession Pipeline Military Training mandatory pay account collection may be required. Table 25-1 of reference (c) discuses collection at the Discount Meal Rate. d. Petitioner Master Military Pay Account (MMPA) reflects discount meal deductions stop effective 6 January 2018. e. On 7 January 2018 Petitioner departs from . f. On 8 January 2018 Petitioner reports to for TDY for approximately 103 days. Government quarters are not available. Petitioner directed to the located on at $70.00 a day. Petitioner MMPA reflects discount meal deductions are started effective this date. g. Paragraph D of reference (b) explains a government dining facility is available only when the government quarters of ILPP facility on the U.S. installation to which the Service member is assigned TDY are adequate and available. Use of the Government dining facility must be directed in the travel authorization. The authorization must state when a Service member is to receive the Proportional Meal Rate (PMR) or Government Meal Rate (GMR). Otherwise, the locality meal rate is paid. Schoolhouse training or other excepted circumstances may impact meal rate payable. Paragraph D goes on to state a dining facility is consider not available when government lodging on the U.S. installation is not available. h. The Petitioner was not assigned government lodging. Furthermore, the Petitioner was not lodged on same installation of her TDY assignment. i. Petitioner MMPA reflects meal deductions stop effective 18 April 2018. j. On 19 April 2018 Petitioner transferred from and joined for duty with effective 6 May 2018. k. On 28 September 2019 Petitioner notified by Disbursing Officer, Navy Pay and Personnel Support Center of overpayment on Permanent Change of Station Travel. Notification states Petitioner paid $11,041.50 travel advance. Copy of travel voucher or sub voucher showed her entitlement as $7,268.00. Balance due to U.S. Government $3,773.50. l. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. The Board determined the Petitioner was in a TDY status at . The Board concluded, Petitioner entitled to incidental expenses of $5.00 a day during her TDY period with . During Petitioner’s TDY period with application of meal deductions was administratively erroneous; the M&IE portion of Per Diem was required, therefore, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s BUPERS Order 2137 contains appropriate endorsements reflecting quarters and government messing availability. While assigned to government quarters and messing available. While assigned to government quarters not available and government messing available but not required. Note: Per a dining facility is consider not available when government lodging on the U.S. installation is not available. Note: Petitioner will be assisted by Personnel Support Detachment (PSD) personnel in completing a supplemental travel claim for filing with the appropriate disbursing office. A copy of this decision will be included. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.