[Entitlement to Military Reserve Pay and Allowances]

The National Guard Bureau asked whether a member of the Maine Air National Guard was entitled to military reserve pay and allowances and other related benefits as the result of an injury sustained while in a standby status. GAO has held that, although a National Guard member is generally eligible for benefits arising from disabling injuries while on duty, eligibility is precluded when the member is injured while engaged in civilian pursuits and no longer acting in a military capacity. GAO noted that the member was not under military supervision at the time of the injury and was only required to notify the Guard where he could be reached if his presence was required. Accordingly, the employee was not entitled to the military benefits.