[Claim for Incapacitation Pay and Benefits]

GAO was asked whether National Guard members, who are disabled by disease while on full-time duty for 30 days or less, are eligible for the disability and medical benefits prescribed by the legislation which makes them eligible for the benefits generally available to active duty reservists of the Army and the Air Force. In a prior decision, GAO had found that such a member was not eligible for any of the benefits. In that decision, GAO failed to consider the argument that disabled National Guard members might otherwise be eligible for the benefits available to reservists. GAO found that Congress intended to give National Guard members on full-time duty, for 30 days or less, benefits equal to those granted to active duty reservists. GAO found that National Guard members are covered by the provisions of federal legislation which provide hospitalization and continuation of pay for reservists who become ill while on active duty for less than 30 days. The prior decision was modified accordingly.