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B-189540 1 (1978-02-23)

handle is hein.gao/gaobadfsh0001 and id is 1 raw text is: II I. 8 -1895 MATTER OF: 40 THU CUMPTUeLLU SNNAL 3 OP TME UNITED UTAYEK wAasIWOTOM. 0.C. *OU4U OATE: :'t2rer z3. 1975 DOD Military Pay and Allowance Committee &ubmision No. SS-A-1272 OICEUT: V I.'. L i~ S DECISION*'A S . L A member of the Army National Guard or Army Reserve, called or ordered to active duty for A period of 30 days or less under self-terminating orders who is hospitalized under the provisions of 10 U. S. C. 3721(2) because of an in line of duty injury not due to own misconduct during that time, remains in an active military status only through tha last day of duty as prescribed by those orders, with the right to continue to receive pay acd allowances thereafter based on disability to perform military duty as authorized by 37 U. S. C. 204(g)(2). 2, A member of the Army ational Guard or Army Reserve. caIle- or oreered to cctive duty for a period of 30 days or less under self-terminating orders who Is hospitalized due to an in line of duty injury not due to own misconduct during that time, would not be placed in a status of being on active duty for 30 days or more even though the period of hospitalization is covered by an amendment to his orders or new orders issued to extend his period bf active drity iblety for the purpose of such hospitalization, since such a change in status is not authorized. Thus, such orde-s Would not carry him beyond 30 days for active duty purposes and his rights to be retired for physical disiability would remain determinable under 10 U. S.C. 1204. 3. A member of the Army National Guard or Army Reserve, called or ordered to active duty for a period'of 30 days or less who is.hospztaltzed for an in line of duty dishiblty not dut to own mis- conduct, and who suffers an injury in the hdspital during the period of active duty covered by the original orders, so long as that injury is admin- istratively determined to be in line of duty and not due to own misconduct, may be considered as being injured as the proximate result of the performance of active duty for the purpose of 10 U. S.C. 1204.

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