B-139006, FEB 19, 1960

B-139006, FEB 19, 1960

PRECIS-UNAVAILABLE

SAFMP-R (MR. FRIDGE):

1. AS YOU STATED, THE COMPTROLLER GENERAL'S DECISION IN REFERENCE SPECIFICALLY DEFINES THE CONDITIONS UNDER WHICH A MEMBER OF THE RESERVE FORCES MAY BE ENTITLED TO HOSPITAL BENEFITS UNDER PUBLIC LAW 108, 81ST CONGRESS. UNDER THE REFERENCED LAW, A MEMBER OF THE RESERVE FORCES IS ENTITLED TO THE SAME HOSPITAL BENEFITS AND PAY AND ALLOWANCES AS ARE PROVIDED BY LAW OR REGULATION FOR A MEMBER OF THE REGULAR AIR FORCE AS CORRESPONDING GRADE AND LENGTH OF SERVICE WHENEVER ORDERED TO PERFORM EITHER INACTIVE DUTY OR ACTIVE DUTY AND DURING SUCH PERIOD INCURS INJURY OR CONTRACTS DISEASE IN LINE OF DUTY. WITHOUT QUESTION THE COMPTROLLER GENERAL'S DECISION NOW STRICTLY LIMITS AND DEFINES SUCH DUTY AND AS IT PARTICULARLY RELATES TO INACTIVE DUTY FOR RESERVISTS WILL NOT PROVIDE HOSPITALIZATION OR PAY AND ALLOWANCES FOR ANY INJURY THAT MIGHT OCCUR DURING TRAVEL TO OR FROM SUCH A DUTY. FROM THE STANDPOINT OF A RESERVIST ORDERED TO ACTIVE DUTY FOR TRAINING I DO NOT FORESEE A PROBLEM SINCE UNDER CURRENT DIRECTIVES ANY INDIVIDUAL ORDERED TO SUCH ACTIVE DUTY IS IN FACT ON ACTIVE DUTY WHEN HE BEGINS TO COMPLY WITH ORDERS, I.E. BEGINS TRAVEL FROM HIS HOME TO HIS DUTY STATION.

2. FOR YOUR INFORMATION THERE IS ANOTHER LAW UNDER WHICH SURVIVORS OF RESERVISTS MAY RECEIVE CERTAIN BENEFITS WHEN THE RESERVIST DIES AS THE RESULT OF INJURY INCURRED IN LINE OF DUTY WHILE EN ROUTE TO OR RETURNING FROM EITHER INACTIVE DUTY TRAINING OR ACTIVE DUTY TRAINING. THIS PUBLIC LAW 881, 84TH CONGRESS KNOWN AS THE SERVICE MAN'S AND VETERAN'S SURVIVOR BENEFITS ACT, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS:

A. DEATH GRATUITY.

B. VA COMPENSATION TO THE WIDOW AT A MONTHLY RATE EQUAL TO $112 PLUS 12% OF THE BASIC PAY OF HER DECEASED HUSBAND.

C. SOCIAL SECURITY SURVIVOR BENEFITS, IF THE RESERVIST IS FULLY OR CURRENTLY INSURED UNDER SOCIAL SECURITY, FOR WIDOW WITH CHILDREN IN AN AMOUNT BASED UPON THE INDIVIDUAL'S AVERAGE MONTHLY EARNINGS. A WIDOW WITHOUT CHILDREN IS NOT ENTITLED TO SOCIAL SECURITY SURVIVOR BENEFITS. THE RESERVIST WAS FULLY OR CURRENTLY INSURED OR IF THE WIDOW WITHOUT CHILDREN IS INSURED IN HER OWN RIGHT SHE BECOMES ELIGIBLE FOR SOCIAL SECURITY ON ATTAINMENT OF AGE 62.

3. IN VIEW OF THE FOREGOING NO BENEFITS ACCRUE TO THE RESERVIST HIMSELF FOR AN INJURY INCURRED WHILE ENROUTE TO OR FROM INACTIVE DUTY TRAINING. IN READING THE CASE COVERED BY THE COMPTROLLER GENERAL'S DECISION, THERE IS ALSO INDICATION THAT THERE IS NO COVERAGE FOR AN INJURY THAT OCCURS EVEN AFTER ARRIVAL AT THE TRAINING SITE FOR INACTIVE DUTY TRAINING PRIOR TO THE MUSTER FOR THE TRAINING PERIOD OR AFTER DISMISSAL THEREFROM. IT IS MY PERSONAL BELIEF THAT THE COMPTROLLER GENERAL MAY HAVE TAKEN A RELATIVELY NARROW VIEW BUT UNLESS A CIVILIAN COURT FAVORABLY ACTS ON A CLAIM OF THIS NATURE IT DOES NOT APPEAR THAT THIS DECISION WILL BE REVERSED.

4. THE FOREGOING SUMMARY HAS BEEN REVIEWED BY PERSONNEL AFFAIRS, SURGEON GENERAL AND JUDGE ADVOCATE GENERAL REPRESENTATIVES.