Disability Retirements or Separations of Enlisted Members of the Army Reserve and Army National Guard

An advance decision was requested concerning the application of the provisions of title 10, United States Code, governing disability retirements or separations of enlisted members of the Army Reserve and Army National Guard performing active duty training. The following apply to members of the Army National Guard or Army Reserve called or ordered to active duty for a period of 30 days or less. Under self-terminating orders, a member who is hospitalized because of a duty injury not due to misconduct remains in active status only through the last day of duty with the right to continue to receive pay and allowances thereafter based on disability. Under self-terminating orders, a member who is hospitalized due to a duty injury during that time would not be placed in a status of being on active duty for 30 days or more even though the period of hospitalization is covered by amended or new orders to extend his period of active duty for the purpose of hospitalization. A member who is hospitalized for a duty injury and suffers an injury in the hospital during the period covered by the original orders may be considered as being injured as a result of performance of active duty; a member who is hospitalized and is injured while in the hospital after termination of his active duty period is not considered to have been injured as a result of performance of active duty.