Can a soldier be denied meal per diem while being housed off post while TDY?

SGT Ally Watts — Mon, 13 Aug 2018 23:42:00 -0400

Sgt arrived to Fort Eustis for ALC from the 82nd and was given a statement of non-availability and directed to stay in a hotel off post. He contacted his S3 NCO to correct his 1610 form and after some arguing and being told to some how find an open barracks he submitted and agreed to pay him the 93 dollar lodging allowance. When the soldier asked to be payed the M&IE per diem the S3 NCO had a fit and told him no and that he could drive from his hotel to the DFAC on post for meals and said he would only give the 5 dollar Incidentals per diem. In the Joint Travel Regulation page 2-34 it states that "A Government dining facility is available only when the Government quarters on the U.S. installation on which the Service member is assigned TDY are adequate and available". To me that says if the service member is residing off post they are not required to travel to eat at the dining facility. Even for the Proportional Meal Rate on page 2-32 is states "A Service member is lodged in adequate Government quarters on a U.S. installation".
Of the 42 soldiers that arrived today he is the only one that has been denied meal per diem and seemingly because of the S3 E-7's attitude. The service members 1st Sgt has been given the regulation and is supposedly getting involved but with no guarantee that the issue will be solved. What would be the next step for the SM? Would this fall under the Abuse section of Fraud, Waste and Abuse? The S3 NCO seems to be going against regs because of his personal feelings.

Response by SSG William Jones made Aug 14 at 2018 12:05 AM

SSG William Jones — Tue, 14 Aug 2018 00:05:33 -0400

How does that happen???

Response by SFC Private RallyPoint Member made Aug 14 at 2018 12:30 AM

SFC Private RallyPoint Member — Tue, 14 Aug 2018 00:30:57 -0400

That happened to me in the 82nd when I went to SLC. I should have received $2 a day for laundry. I was told 82nd didn't do laundry, even though it's in the reg. Didn't seem worth fighting tooth and nail for $60.
It sounds like the S3 NCO is the DTS manager. He should contact his unit XO who is in charge of the budget and funds for the unit.

Response by SFC Nelson L. Friday-González made Aug 14 at 2018 1:18 AM

SFC Nelson L. Friday-González — Tue, 14 Aug 2018 01:18:07 -0400

Sounds like your Training NCO dropped the ball, use your Chain of Command Call your First Sergeant and have him do the talking for you don't argue with the S3 NCO because he is under enough stress and will pull rank on you, you can also cover your 6 by recording all conversations like times and date, keep all receipts. Just in case you have to do an E.O. complain.

Response by 1SG Private RallyPoint Member made Aug 14 at 2018 2:44 AM

1SG Private RallyPoint Member — Tue, 14 Aug 2018 02:44:13 -0400

You have some good suggestions already. You can also talk to the course manager/1SG. He can educate the S3 NCO on your situation. But, I would allow your 1SG time to make things happen first.

Response by MAJ Javier Rivera made Aug 14 at 2018 5:54 AM

MAJ Javier Rivera — Tue, 14 Aug 2018 05:54:48 -0400

All good information. Remember that orders can be amended after the fact to reflect those unforecasted events. Keep all receipts and provided Statements of Non-availability IOT get the required changes. For the time been concentrate on the course!

Response by CSM Darieus ZaGara made Aug 14 at 2018 7:22 AM

CSM Darieus ZaGara — Tue, 14 Aug 2018 07:22:37 -0400

You did the right thing. Let the 1SG handle it. Thank you for your service.

Response by MSgt Steven Holt, NRP, CCEMT-P made Aug 14 at 2018 9:04 AM

MSgt Steven Holt, NRP, CCEMT-P — Tue, 14 Aug 2018 09:04:13 -0400

*Disclaimer: Things may have changed since I was active duty and traveling weekly*

I used to travel ALOT for TDY and training purposes (100+ days per year '03-'05). Anytime we were given a Non-Availability by base lodging, we automatically received full per diem for our time there. The answer you seek should be found in the JTR. Your base finance office should be able to assist as well.

Response by MAJ Ken Landgren made Aug 14 at 2018 11:34 AM

MAJ Ken Landgren — Tue, 14 Aug 2018 11:34:59 -0400

Contact Finance Travel Section if you can.

Response by SGM Bill Frazer made Aug 14 at 2018 12:36 PM

SGM Bill Frazer — Tue, 14 Aug 2018 12:36:24 -0400

Why did the Sm contact S3- Finance is the ultimate decision maker on money. It would have gone faster to boot

Response by MSG Dan Castaneda made Aug 14 at 2018 8:35 PM

MSG Dan Castaneda — Tue, 14 Aug 2018 20:35:48 -0400

Call your unit Comptroller they can help or clarify. Unit policy will supersede JTFR. It’s there money. I’m a level 25 approving official and when service members pull out the reg that contradicts the unit policy, guess which one wins every time?