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B-212239 1 (1983-11-29)

handle is hein.gao/gaobadlkj0001 and id is 1 raw text is: 

                    ;c  THE COMPTROLLER GENERAL
   DECISION      -O            THE UNITED       STATES
                           WASHINGTON, 0. C. 2054e




  FILE:   B-212239               DATE:   November 29, 1983

  MATTER OF: Electronics Technician Second Class
               Michael S. Beam, USNR

  DIGEST:
          A naval reservist sustained an injury
          outside the Reserve Center building
          following dismissal from an inactive-
          duty training drill. He is not eligible
          to receive benefits (medical care, pay
          and allowances, etc.) under 10 U.S.C.
          S 6148 and 37 U.S.C. § 201(i) (1976)
          since under those statutes the injury
          must have been incurred while the member
          was employed in inactive-duty training
          which extends only from the time the
          reservist is first mustered in until
          dismissal from that day's activities.

     The question in this case is whether Electronics
Technician Second Class Michael S. Beam, USNR-R, is entitled
to the benefits of 10 U.S.C. § 6148 and 37 U.S.C. 5 204(i)
(1976), including pay and allowances during the period of
recovery under the circumstances in which he was injured
while leaving an inactive-duty training drill.) We find
that he is not entitled to those benefits because his injury
occurred after the completion of the drill and after his
release from duty.
                            FACTS

     Mr. Beam completed a weekend of inactive-duty training
at the Naval and Marine Corps Reserve Center in Dayton,
Ohio, on October 3, 1982. After the unit was mustered and
dismissed, he left the drill deck. There were two steps
down into the parking lot of the Reserve Center. Mr. Beam
slipped on these steps injuring his right knee. He pro-
ceeded on to his home, but later that evening vent for emer-
gency treatment at a local civiIidn hospital where the knee
injury was diagnosed. Corrective surgery was performed by



1 This matter was submitted by the Assistant Secretary of
the Navy (Manpcwer and Reserve Affairs) requesting an ad-
vance decision. The request has been assigned
No. SS-N-1419 by tne Department of Defense Military Pay and
Allowance Comittee.

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