Entitlement to Disability Pay and Allowances

An advance decision was requested regarding the claim of a member of the Army Reserve National Guard for disability pay and allowances as a result of injuries sustained while on annual training duty with the Massachusetts Army National Guard. The member was injured during annual training and found disabled during the remainder of that duty; upon release from duty, he sought both military and civilian medical care; he was shown absent (sick) from subsequent drills; his medical records were lost causing long delay in having a military medical evaluation performed; and he was found unfit for normal military duty by service medical personnel. The member was entitled to pay and allowances during the period of disability ending when he was officially determined to be fit for duty.