§ 402. Basic allowance for subsistence
(a)
Entitlement to Allowance.—
(b)
Rates of Allowance Based on Food Costs.—
(1)
The monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year (beginning on January 1 of that year) shall be equal to the sum of—
(2)
The monthly rate of basic allowance for subsistence to be in effect for an officer for a year (beginning on January 1 of that year) shall be the amount equal to the monthly rate of basic allowance for subsistence in effect for officers for the preceding year, increased by the same percentage by which the rate of basic allowance for subsistence for enlisted members for the preceding year is increased effective on such January 1.
(c)
Advance Payment.—
The allowance to an enlisted member may be paid in advance for a period of not more than three months.
(d)
Special Rate for Enlisted Members Occupying Single Quarters Without Adequate Availability of Meals.—
The Secretary of Defense, and the Secretary of the department in which the Coast Guard is operating, may pay an enlisted member the basic allowance for subsistence under this section at a monthly rate that is twice the amount in effect under subsection (b)(1) while—
(e)
Special Rule for Certain Enlisted Reserve Members.—
Unless entitled to basic pay under section
204 of this title, an enlisted member of a reserve component may receive, at the discretion of the Secretary concerned, rations in kind, or a part thereof, when the member’s instruction or duty periods, as described in section
206
(a) of this title, total at least 8 hours in a calendar day. The Secretary concerned may provide an enlisted member who could be provided rations in kind under the preceding sentence with a commutation when rations in kind are not available.
(f)
Special Rule for High-Cost Duty Locations and Other Unique and Unusual Circumstances.—
The Secretary of Defense may authorize a member of the armed forces who is not entitled to the meals portion of the per diem in connection with an assignment in a high-cost duty location or under other unique and unusual circumstances, as determined by the Secretary, to receive any or all of the following:
(1)
Meals at no cost to the member, regardless of the entitlement of the member to a basic allowance for subsistence under subsection (a).
(g)
Policies on Use of Dining and Messing Facilities.—
The Secretary of Defense, in consultation with the Secretaries concerned, shall prescribe policies regarding use of dining and field messing facilities of the uniformed services.
(h)
No Payment for Meals Received at Military Treatment Facilities.—
(1)
A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph (2) shall not be required to pay any charge for meals provided to the member by the military treatment facility.
(i)
Regulations.—