IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130013472
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests back pay for Basic Allowance for Subsistence (BAS) for the period 1 October 2012 to 31 January 2013.
2. The applicant states:
* he was without a meal card for the period October 2012 to January 2013
* he was unable to eat at the dining facility, but meal deductions were taken from his pay check
* he turned in the DA Form 4187 (Personnel Action) in December 2012, but his commander never did anything
3. The applicant provides:
* Leave and Earnings Statements (LESs)
* DA Form 4187
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 September 2008 and trained as an infantryman. He served in Afghanistan from 18 June 2010 to 16 June 2011.
2. He provides a DA Form 4187, dated 27 March 2013, which shows a request to stop meal deductions and back pay was initiated. This form states the applicant had been getting meal deductions since October 2012 without being issued a meal card.
3. He provides LESs covering the period 1 October 2012 through 31 December 2012 which show meal deductions were taken from his pay.
4. On 14 January 2013, he was honorably released from active duty (REFRAD).
5. A staff advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, in the processing of this case who states:
a. The applicant is entitled to receive BAS for the period 1 October 2012 through 14 January 2013.
b. Title 37, U.S. Code, section 402, entitles all enlisted Soldiers, other than those in initial entry training, to receive BAS.
c. Based on the documents furnished with this case, the applicant's commander verified he was not issued a meal card; therefore, he was not authorized to eat in the dining facility without paying out of pocket. As a result, the Army charged him twice for the meals he consumed.
6. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He did not respond within the given timeframe.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was not issued a meal card for the period
1 October 2012 through 14 January 2013, but meal deductions were taken from his pay.
2. Although the applicant requests back pay for BAS for the period 1 October 2012 to 31 January 2013, the evidence shows he was REFRAD on 14 January 2013.
3. Since the Army charged him twice for the meals he consumed during the period 1 October 2012 through 14 January 2013, and in accordance with the recommendation from the advisory official, the applicant is entitled to BAS for the period 1 October 2012 through 14 January 2013.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was authorized BAS for the period 1 October 2012 through
14 January 2013 and paying him back pay for BAS.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to receiving BAS for the period 15 January 2013 through 31 January 2013.
_______ _ X ______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130013472
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ABCMR Record of Proceedings (cont) AR20130013472
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