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B-179874 1 (1974-07-15)

handle is hein.gao/gaobadupx0001 and id is 1 raw text is: 0ECISION .... 387 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, r.C. 20548 FILE: B-179874 MATTER OF: DIGEST: Request for advance decision for disability pay and allowances in the case of Captain Military reservist who sustained serious injury with accompanying inability to performi his military duties where such injury is determined to have been in line of duty and who attends scheduled inactive duty training assemblies between the date of injury and hospitalization for surgery for such injury, since he had not been found fit for duty in any capacity by service medical authorities during that time, he is entitled to disability pay and allowances fro date of injury until service medically detemined to be fit to resume military duties, less any drill pay received during period. This action is in response to a request for an advance decision from the Finance and Accounting Officer, Headquarters, United States Army Field Artillery Center, Fort Sill, Oklahoma, concerning the propriety of making payment of disability pay and allowances in favor of Captain $ USAR, SSAN $ during the period May 6, 1972, to August 7, 1972, in the circum- stances 4escribed. This submission was forwarded to this Office by letter dated October 11, 1973 (file reference DACA-CSJ-E), from Office of the Comptroller of the Army, Department of the Army, and ha3 been assigned Control Number DO-A-1204, by the Department of Defense Military Pay and Allowance Committees The file shows that by Letter Orders No. S-03-3709, dated March 31, 1972, the member was ordered to annual training for a 12- day period to cotmence April 24, 1972. While serving on that duty, the member was authorized leave for the period from 1600 hours on April 26, 1972, until 0730 hours on April 27, 1972, which were nonduty hours, it appearing that the member's normal duty hours during annual training were from 0730 hours to 1600 hours. On that evening, at approximately 1130 p.m. and during official nonduty hours the member sustained injuries in a fall from the roof of a house he was building and was treated by a civilian p'hysician at the nearest hospital. The file reflects that on May 7 and 21, 1972, the member, apparently not fully awaxe of the extent of his injuries, attended dyb DATE: 'JLIr, 1. 7

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