PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1773 (B) a member of the uniformed services is entitled to the basic allowance for subsistence only as provided in subsection (d); (C) an enlisted member of the uniformed services may be paid a partial basic allowance for subsistence as provided in subsection (e); and (D) the rates of the basic allowance for subsistence are those rates determined under subsection (f). (2) TERMINATION OF TRANSITIONAL AUTHORITY. —The transitional authority provided under paragraph (1) shall terminate on the first day of the month immediately following the first month for which the monthly equivalent of the rate of basic allowance for subsistence payable to enlisted members of the uniformed services (when permission to mess separately is granted), as determined under subsection (f)(2), is equal to or is exceeded by the amount that, except for paragraph (1)(A), would otherwise be the monthly rate of basic allowance for subsistence for enlisted members under section 402(b)(1) of title 37, United States Code, as amended by subsection (a). (d) TRANSITIONAL ENTITLEMENT TO ALLOWANCE.— 37 USC 402 note. (1) ENLISTED MEMBERS.— (A) TYPES DF ENTITLEMENT. —An enlisted member is entitled to the basic allowance for subsistence, on a daily basis, of under one or more of the following circumstances: (i) When rations in kind are not available. (ii) When permission to mess separately is granted. (iii) When assigned to duty under emergency conditions where no messing facilities of the United States are available. (B) OTHER ENTITLEMENT CIRCUMSTANCES. — An enUsted member is entitled to the allowance while on an authorized leave of absence, while confined in a hospital, or while performing travel under orders away from the member's designated post of duty other than field duty or sea duty (as defined in regulations prescribed by the Secretary of Defense). For purposes of the preceding sentence, a member shall not be considered to be performing travel under orders away from his designated post of duty if such member— (i) is an enlisted member serving the member's first tour of active duty; (ii) has not actually reported to a permanent duty station pursuant to orders directing such assignment; and (iii) is not actually traveling between stations pursuant to orders directing a change of station. (C) ADVANCE PAYMENT.—The allowance to an enlisted member, when authorized, may be paid in advance for a period of not more than three months. (2) OFFICERS.— An officer of a uniformed service who is entitled to basic pay is, at all times, entitled to the basic allowances for subsistence. An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for subsistence as is provided for an officer of the Navy, Air Force, Marine Corps, or Coast Guard, respectively. (e) TRANSITIONAL AUTHORITY FOR PARTIAL ALLOWANCE.— 37 USC 402 note.
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