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[Request for Advance Decision on Entitlement to Benefits Under 10 U.S.C. 6148 and 31 U.S.C. 204(i)]

B-212239 Nov 29, 1983
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Highlights

An Assistant Secretary of the Navy requested an advance decision as to whether a reservist was entitled to certain benefits during his period of recovery from an injury he incurred while leaving a training drill. The reservist had completed a weekend of inactive duty training when he fell on the steps to the parking lot of the reserve center, injuring his knee. He later required corrective surgery and his medical expenses were paid by his civilian employer. The reservist is claiming pay and retirement points from the date of the injury to the date that he was returned to duty status, contending that the injury resulted from a physical fitness test that he was required to take on the day of his injury. GAO has previously held that claims involving injury incurred after completion of dismissal of duty are not allowable. Since the claimant had completed the dismissal ceremony and since there was no indication that the injury resulted from the physical activity during training, GAO determined that the injury was not incurred during the performance of duty. Accordingly, the claimant is not entitled to compensation benefits.

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