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B-193386 1 (1979-06-08)

handle is hein.gao/gaobadrrf0001 and id is 1 raw text is: .F R GENERAL 0 STATE V/ A S-NJ G TnN C 2 0 5416 170 FIL : B-193386 DATE: June 8, 1979 ATTER OF: SP4 -, MU APNG ,GEST: *.! ) a F'r I. A member of the National Guard who is disabled in line of duty from injury while performing active duty for training is entitled by law to continued pay and allowances during the subsequent period when he remains incapacitated for the performance of his normal military duties, and the determination as to how long the dis- ability continues is left to the exercise of sound administrative judgment. In each case the service concerned is to determine when the injured member has recovered or determine that he should be separated for disability. 37 U.S.C. 204(h) (1976). 2. When a National Guard member is injured in line of duty while performing active duty for training, administrative deter- minations concerning the member's dis- ability should, whenever possible, be based upon the findings and conclusions, of service medical personnel (as dis- tinguished from civilian physicians), but in the absence of such findings, military command authorities may rea- sonably rely on secondary evidence, including statements from private physicians, in making the necessary administrative determination as to whether the member is physically able, and should therefore be required, to resume his normal military duties. A National Guard member injured in the 1.ine of duty on June 12, 1977, who wvas ther-eafter relieved Ly military Cco < Yauthorities Crom the lcforiance

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