From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD 7000.14-R FMR Vol. 7A, Ch. 25 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
         
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to credit Basic Allowance for Subsistence (BAS) from April 2015 to August 2017.   
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 15 October 2020 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, finds as follows:   
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  In accordance with reference (b), each member of a uniformed service entitled to basic pay is entitled to Subsistence Allowances subject to the conditions set forth in this chapter.  Military members are not entitled to BAS of any type under the following conditions: When undergoing Basic Military Training, including initial officer training (Officer Candidate School, Officer Training School), except when the member has continuous prior enlisted service (active or reserve).  Members will be subsisted-in-kind while attending initial basic military training; when in an excess leave status; when in an absent-without-leave status, in excess of 24 hours, unless the absence is excused as unavoidable; when on an approved educational leave of absence not exceeding 2 years; when a member with no dependents is training for, attending, or participating in Pan American games, Olympic games, or other specifically authorized international amateur sport competitions and the sponsoring agency subsists them during that period; or when a court-martial sentence imposes forfeiture of pay and allowances. Finally, a military member being paid BAS must pay for all meals or rations provided by or on behalf of the Government, except as provided in subparagraph 250204.B. This is a personal obligation of the individual. Meals or rations may be paid with cash tendered to the Government mess by the member or, under certain circumstances, the amount owed may be collected/deducted from the member’s travel per diem, or from the member’s pay account. When payment is made from a pay account, the payment is not considered a deduction from or reduction of the entitled BAS; rather it is a collection for a debt owed to the Government. 
 
     c.  On 5 May 2014, Petitioner joined Seal Team  in   Furthermore, Petitioner signed a NAVPERS 1070/613 (Administrative remarks) certifying that meal deductions would be taken from his pay effective 5 May 2014.   
 
     d.  On 6 June 2014, Petitioner begin to receive Basic Allowance for Housing (BAH) at the  
without-dependents rate for  
 
     e.  On 24 August 2017, Petitioner’s meal deductions discontinue. 
 
     f.  On 20 August 2020, Commanding Officer, Seal Team  provided a statement of service for BAS requesting that Petitioner receive BAS for the period of May 2014 to August 2017.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that upon receiving BAH, meal deduction continued to be deducted.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Meal deductions for BAS discontinued effective “6 June 2014” vice “24 August 2017”.   
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.   
                                                             
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. 
 
           
12/1/2020
Deputy Director