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B-204347 1 (1981-12-23)

handle is hein.gao/gaobadjyj0001 and id is 1 raw text is: /!--7 !2 DECISON OFTHEUhNITED UTArEE U:)ECi51CON THE! a ,~ CC P IIIULIER OE Enr ALm WAG HINOTCIN, 0,o0, 2C04U FILE: B-204347 DATE: December 23, 1981 MATTER OF: Master Sergeant Poward R, Harpeir - Claim for ilospitalization Benefits DIGESTi Army Nationl Guard membor contracted disease during a 5-day period of full-tie training duty performed pursuant to 32 U.S.C. 5 502(f) (1976). The member is not entitled to hospitalization benefits provided under 32 u.s*c9 i 318 (1976) since the period of his training duty did not exceed 30 days, This action is in response to a letter dated August 4, 1981, from the National Guard Bureau, Departments of the Army and the Air Force, requesting a deciston regarding benefits for an Army National Gwrd member who contracts a disease during a 5-6ay period of full-time training duty perfotmance pursuant to 32 US.C. 5 502(f) (1976), We .onctur with the National Guard Bureau's view that a line-of-duty determination is not necensarv since a National Guard member who is disabled from disease in the line of duty is not entitled to medical benefits provided under 32 U.S.C. § 318 (1976) unless the period of his ordered duty exceeds 30 days. aster Sergeant Howard R. Hlarper, a member of the Iowa National Guard, was ordered to perform full-time training duty for the period January 18 through 22, 1981, After reporting for duty, the member suffered an illness and wan adnitted to the Clayton eneral lospitnl in Iowa on January 20, 1981. In connection with a Report of Inventipation concerning the matter the Office of Legal Advisor, National Guard Bureau, determined that a line-of-duty determination was not necessary under 32 U.S.C. § 31R because of the disease since the period of his ordered training duty did not exceed 30 days. In its submission, the burenu states that the State of Iowa disputes the Office of Legal Advisor's determination that 32 U.S.C. 5 318 is controlling, and contends that, instead, statutory pro- visions pertaining to the Regular Army govern the resolutior. of Sorgeant Harper's case by virtue of 10 U.S'.C. 0 3686. Section 318 of title 32, United States Code, provides that: A member of the National Guard is entitled to the hocpttni, benefits * ' * pensions, and other

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