BAS Meal Deductions vs. 1998 revision of Title 37 USC

[DRTDEVL]

What is the name of your state (only U.S. law)? APO, AE


Backstory:

1998 NDAA Press Release

"Currently, BAS is terminated when an enlisted servicemember is deployed under field conditions or is assigned to sea duty. Although this fulfills the intent of the allowance, it also has the effect of reducing the incomes of personnel when they are deployed. Such a reduction is particularly damaging for enlisted personnel with families, whose expenses remain nearly the same whether or not their family servicemember is at home. Therefore, the committee recommends that the Secretary of Defense be authorized to pay BAS when government meals are provided and to determine when to charge members for meals, depending on the circumstances. This flexibility in BAS will allow the Secretary of Defense to maintain income levels for deployed servicemembers, restore equity in compensation between different groups of deployed forces, and manage compensation programs more efficiently."

In 1998, the 105th Congress wrote language into the National Defense Authorization Act to reform BAS for enlisted members. The obvious intent was to stop the practice of taking our food allowance every time we went to the field, deployed, went TDY, etc and to allow for a more predictable paycheck for enlisted families to budget with. This change in practice was applauded by all of us, and our paychecks stabilized.

Fast forward 12 years... Our unit left for Grafenwoehr Training Area to support a gunnery in April. This paycheck we were all short on money, checked our LESs, and saw the line "Meal Deduction" with varying amounts drawn against our pay depending on the days we were there.

I checked the NDAA, the JFTR and the DoD FMR covering BAS, and they all contained this specific phrase:

a member of the uniformed services who is temporarily assigned to duty away from the member’s permanent duty station or to duty under field conditions at the member’s permanent duty station

Our BDE CDR has determined this to exempt the unit from the law and ordered the Meal Deduction. Every unit I have served in (including this one) in the last 12 years has interpreted it as non-exempt and did not allow for the meal deduction. I contacted IG, and the IG NCO sided with the BDE's interpretation... That the deduction was allowed.

I need a JAG to assist... What is the actual interpretation vs. intent of the law, and how should I proceed to get not just my money back, but an entire Brigade worth of Soldiers their money back as well? We were under "field conditions" AWAY from our home station, this is the reason they claim to be able to take the rations. BUT the law called for anyone temporarily assigned to duty AWAY from our home station as well. What say you?