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B-204347 1 (1984-08-22)

handle is hein.gao/gaobadlwa0001 and id is 1 raw text is: 


                          THE COMPTROLLER OENERAL
  DECISION         M.'    OF THE UNITED 8TATES
                        WASHINGTON. D.C. 20548




  FILE:   B-204347              DATE: August 22, 1984

  MATTER OF:    National Guard Members - Incapaci-
                tation Pay and Benefits

  DIGEST:

     Members of federally recognized National
     Guard units and organizations who are dis-
     abled by disease while on full-time duty for
     periods of 30 days or less under 32 U.S.C.
     S 502(f) are eligible for the incapacitation
     payments and related benefits prescribed by
     10 U.S.C. SS 3722 and 8722, and the imple-
     menting regulations. These benefits include
     continuation of the basic pay and allowances
     to which they were entitled at the time the
     disease was contracted for a period of up to
     6 months beyond the end of the tour of duty,
     plus medical care and transportation to and
     from hospitals. Master Sergeant Howard R.
     Harper, ARNG, B-204347. December 23, 1981,
     modified.

     The question presented is whether National Guard
members disabled by disease while on full-time duty under
32 U.S.C. S 502(f) for 30 days or less are eligible for the
incapacitation payments and medical benefits prescribed by
10 U.S.C. SS 3722 and 8722.1/ We conclude that they are
eligible for those payments and benefits.

                         Background

     In presenting this question, National Guard officials
note that Rule 6 of Table 8-2-4, Department of Defense
Military Pay and Allowances Entitlements Manual (DODPM),
provides that if a Reserve of the Army or the Air Force is
disabled in line of duty due to disease while serving on
active duty for 30 days or less, he is entitled to continua-
tion of the basic pay and allowances to which he was
entitled at the time the disease was contracted for a period


1/  This action is in response to a request for a decision
    received from the Chief of the National Guard Bureau's
    Office of Legal Advisor.

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