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medical care for an injury or disease incurred while en route to or from active duty or active duty for training, but not while en route to or from inactive-duty training.

(f) Injury or disease not in line of duty. A member of the Naval Reserve or the Marine Corps Reserve is not entitled to medical care either before or after the training period for an injury or disease not incurred in the line of duty. Charges for care for such an injury rendered after expiration of the training period shall be at the general reimbursement rate and shall be collected from the member locally.

(g) Review cases. A member of the Naval Reserve or the Marine Corps Reserve who has been released to inactive duty and whose case is being reviewed by the Naval Physical Disability Review Board may be admitted to a naval hospital for diagnosis upon request of the senior member or the president of the Board.

(h) Nonnaval medical care. Part 732 deals with eligibility of members of Navy and Marine Corps reserve components to medical care at other than naval medical facilities.

(i) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally. Reimbursement to BUMED managed activities for the average cost of ration furnished to enlisted men shall be effected in accordance with instructions contained in the Financial Management Handbook (NAVMED P-5020). For activities not under the management of BUMED, reimbursement shall be effected in accordance with instructions contained in NAVCOMPT Manual.

[26 FR 12661, Dec. 29, 1961, as amended at 28 FR 7749, July 31, 1963]

§ 728.23 Members of the Army and Air Force Reserve components.

(a) Authority. Members of the reserve components of the Army and Air Force are entitled to medical benefits for injuries or disease incurred in line of duty under provisions of 10 U.S.C. 3721-3722 and 8721-8722.

(b) On active duty for training. Members of the Army and Air Force Reserve and the National Guard are entitled to the same medical care as members of the Regular components when they are injured or incur disease in line of duty while on active duty for training. They may be provided necessary hospitalization, rehospitalization, and medical and surgical care appropriate for the treatment of the injury or disease until the resulting disability cannot be materially improved. Transportation incident to hospitalization is also authorized. (Medical care is authorized for injury or disease contracted while en route to and from active duty for training.)

(c) On inactive duty for training. Members of the Army and Air Force Reserve and the National Guard injured in line of duty while on inactive duty training, such as training assemblies or flights in Government owned aircraft under proper authority and incident to training, are entitled to medical care for such injury until the resulting disability cannot be materially improved. Medical care is not authorized for injuries incurred while en route to or from inactive duty training or for disease contracted while on, or en route to or from inactive duty training.

(d) Injuries or disease incurred not in line of duty. Members of the Army and Air Force Reserve and the National Guard are not entitled to medical care beyond the training period for injuries or disease incurred not in line of duty. Charges for care rendered after expiration of the training period shall be at the general reimbursement rate and shall be collected from the individual locally. The patient shall be notified of change of status prior to termination of the training period.

(1) Doubtful line of duty cases. In doubtful line of duty cases, the commanding officer shall immediately request a line of duty status determination before the end of the training period. Should a recommended in-lineof-duty determination be made at the local level, medical care may be furnished after date of expiration of active duty. If this recommended inline-of-duty determination should be reversed by the final approval authori

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ty, the individual concerned may be furnished care without charge (except for subsistence in the case of officers in a pay status) from the date of expiration of active duty to the date of notification to the individual of the final line of duty determination. Medical care received subsequent to the individual's notification is not authorized and the charges therefor shall be collected locally.

(e) Admission. Except in emergencies, a written authorization from the appropriate commander shall be required before the admission to naval medical facilities of members of the Army and Air Force Reserve and the National Guard who are serving on active duty for training or inactive duty training. In an emergency admission, appropriate authorization shall be obtained as soon as possible. The authorization shall include the full name, service number, grade, and organization of the patient; the type and period of duty in which engaged; diagnosis (if known); and include a statement that the disability was or was not incurred in the line of duty, and that the patient is, or is not, entitled to medical care.

(f) Hospitalization beyond training period. Members of the Army and Air Force Reserve and National Guard shall be transferred to an Army or Air Force medical facility, as appropriate, when it is determined that they will need hospitalization after their training duty period ends. The transfer should be made as soon as the patient's condition permits.

(g) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount collected locally. For all other categories, no charges shall be collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally.

§ 728.24 Members of the Coast Guard Reserve component.

(a) Authority. 14 U.S.C. 755(c) provides that members of the Coast Guard Reserve who suffer sickness, disease, or injury are entitled to the benefits as prescribed for members of the Naval Reserve who suffer sickness,

Title 32-National Defense

disease, or injury under similar condi tions. Accordingly, medical care as authorized in § 728.22 will be applicable in case of members of the Coast Guard Reserve.

(b) Admission. Members of the Coast Guard Reserve may be admitted to naval medical facilities upon writ ten authorization of an appropriate Coast Guard authority or Public Health Service medical officer in the same manner as members of the Regu lar Coast Guard.

(c) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount shall be collected locally. For all other categories of Coast Guard Reserve patients, no charges shall be collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally.

8 728.25 Members of the Reserve Officers Training Corps (ROTC).

members

(a) Authority. Pursuant to the provisions of 10 U.S.C. 4385, 6901, and 9385, of the Reserve Officers Training Corps of the Army, Navy, and Air Force are entitled to medical care as indicated in this section.

(b) Scope of care authorized. Hospitalization, medical and surgical care, and necessary transportation incident to that hospitalization, medical or surgical care, are authorized for members of the ROTC who:

(1) Suffer an injury while engaged in flight instruction.

(2) Suffer an injury or disease while attending a training camp or training

cruise.

(3) Suffer an injury while performing authorized travel to or from a training camp or training cruise.

(c) Members of Army and Air Force ROTC. Hospitalization members of the ROTC of the Army or furnished Air Force will be subject to reimbursement by the appropriate Department.

(d) Medical care beyond the training period. Medical care may not be provided members of the NROTC at Department of the Navy expense beyond the training period specified in orders.

jury under simis (e) Beneficiary of Bureau of Employngly, medical ees' Compensation (5 U.S.C. 802). (1) 728.22 will be a Members of the ROTC who are inbers of the Co jured in line of duty while engaged in training or travel described in paran. Members graph (b) (1), (2), or (3) of this section, serve may be and who require medical care beyond facilities up the period of training specified in of an app orders, will be reported to the Bureau uthority of Employees' Compensation as potenedical officer tial beneficiaries of that Bureau.

embers of the

ollections. Of

ll be charged ration or su

(2) For the purpose of this section, members of the ROTC who contract a disease or illness which is the proximate result of the performance of training indicated in paragraph (b)(2) of this section shall be considered to t shall be have been injured in line of duty her categor during that period. e patients

ted locally to hospit Dense, the

ed and co

serve Offic

(f) Forms required. When it is determined that an ROTC member who has been admitted to a medical facility for an injury, disease, or illness incurred in the line of duty requires care beyond period of attendance specified in his training orders, the commanding officer shall insure that a Form CA-16 (Request for Treatment of o the prInjury Under the United States Em, and ployees' Compensation Act) or Form Office CA-17 (Request for Treatment_of ny, Na Injury Under the United States Emmedia ployees' Compensation Act

n.

al care

ncident

When

Cause of Injury Is in Doubt), as approHoppriate, is submitted to the hospital by the patient's commanding officer. In such cases, the ROTC member shall be handled and reported as a beneficiary of the Bureau of Employees' Compensation.

or sur

mbers

ed in

hile

ing

course

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(g) Care in not-in-line-of-duty cases. A member of the ROTC may be provided medical care in naval medical facilities, during the period while in attendance at training cruise, for an injury, disease, or illness contracted not in line of duty. Hospitalization after termination of the training period is not authorized at Government expense. The general reimbursement rate shall apply from the first day following the end of the training period and shall be collected locally from the patient. The patient shall be notified of change of status before termination of training period.

(h) Not applicable. The provisions of this section do not apply to members of the NROTC who hold an appoint

§ 728.27

ment as a midshipman in the Naval Reserve (Regular students) § 728.26).

(see

(i) While not performing training duty. Members of the ROTC are not authorized medical care at Government expense while in attendance at colleges, universities, or other institutions. However, they are authorized to receive physical examinations prior to reporting for active duty for training or when requested by proper authority, and immunizations prior to reporting for active duty for training.

(j) Charges and collections. When authorized at the expense of the member's military service, no charges or collections shall be made locally. Reimbursement to BUMED managed activities for the average cost of rations furnished naval members shall be accomplished in accordance with instructions contained in the Financial Management Handbook (NAVMED P5020). When authorized as a beneficiary of the Bureau of Employees' Compensation, charges at the interagency rate shall be made and collected by continental naval hospitals. Overseas naval hospitals shall make no charges or collections locally. For activities not under the management of BUMED, reimbursement shall be effected in accordance with instructions contained in NAVCOMPT Manual.

§ 728.26 Members of Navy and Marine Corps officer candidate programs. Members of the Naval Reserve Officers Training Corps who are appointed midshipmen in the Naval Reserve (Regular students), members of the Reserve Officer Candidate Program, and the Platoon Leaders Class are entitled to the same medical care and hospital benefits as provided by law or regulation in case of members of the Navy and Marine Corps reserve components. Accordingly, provisions of § 728.22 shall apply for members of Navy and Marine Corps officer candidate programs.

§ 728.27 Navy and Marine Corps officer candidates; special physical examination.

Admission to naval medical facilities of candidates for, or individuals en

filing with the AJAG(CL), deposing that any moneys henceforth received by virtue of the designation as trustee shall be applied solely to the use and benefit of the incompetent and his legal dependents, if any, and that no fee, commission, or charge shall be demanded, or in any manner accepted, for any service or services rendered in connection with such designation as trustee.

(e) Designation of trustee by the AJAG(CL). After receipt of a medical report which states that an individual is incompetent, and the required affidavit and bond have been furnished, the AJAG(CL) may designate a suitable person, not under legal disability, to act as trustee to receive and expend, under instructions of the AJAG(CL), all amounts due from the Navy or Marine Corps, whether active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay.

(1) While a next of kin or other relative of the member is ordinarily considered preferable for designation as trustee, any other person, willing and suitable to act as such may be designated as trustee, permanently or temporarily, unless or until a committee, guardian, or other legal representative has been appointed by a court of competent jurisdiction.

(2) In lieu of the designation of an interviewing officer by the District Commandant (as set forth in paragraph (b) of this section) the AJAG(CL) may, when considered feasible by him, request the commanding officer of a naval hospital or the members commanding officer to interview the prospective trustee, or to have him interviewed, and to have the prospective trustee execute the affidavit described in paragraph (d) of this section. In order to expedite the proceedings in the interest of the member, if the commanding officer cannot locate any relative willing and suitable to act as trustee and so states in his forwarding endorsement, he may make recommendations for the designation as trustee, permanent or temporary, of any other person willing and suitable to act as such, interview him or have him interviewed; obtain his affidavit,

and attach it to the forwarding e dorsement. See § 726.4(c)(4).

(3) When delay is encountered in 1 cating a relative or other person wh is willing and suitable to act as truste or when otherwise considered in th best interest of the member, the con manding officer of a naval hospital the member's commanding offic may, subject to local law, initia action for appointment of a commi tee, guardian, or other legal repr sentative for the member by a court competent jurisdiction. In order to in tiate such action, the commanding o ficer may suggest appropriate actio to the local legal aid society, a cogn zant official of the State or municipa public welfare department, or an other State or local official cognizar of the matter under State law, or th local U.S. attorney; or a legal officer the command could take action as ma be appropriate under the circum stances and in accordance with loca law. No appropriated or nonappro priated naval funds may be expende in connection with proceedings thu initiated by a legal officer of the com mand, or by others in the civilian com munity as a consequence of the initia tive of the commanding officer. No shall funds accrued to the account o the member be expended in connec tion with any such proceeding excep as may be authorized by a court o competent jurisdiction.

(f) Notification to the disbursing oj ficer of the designation of a trustee Upon the designation of a trustee t receive moneys due an incomponent the AJAG(CL), in the case of those in competents on active duty, shall notify the commanding officer of the incom petent and such commanding office shall notify the disbursing office having custody of the incompetent's pay record. The AJAG(CL), in the case of retired personnel of the Navy and Naval Reserve, and personnel 01 the Fleet Reserve, shall notify the Commanding Officer, U.S. Navy Fi nance Center (Retired Pay Department), Cleveland, Ohio 44199, and the Chief of Naval Personnel of the designation. In cases of retired personnel of the Marine Corps Reserve, and personnel of the Fleet Marine Corps Reserve the AJAG(CL) shall notify the Com

manding Officer, Marine Corps Finance Center (Retired Pay Division), Kansas City, Mo. 64197 of the designation of a trustee. After such notification, payments of all moneys due to the incompetent shall be made by the appropriate officer to the designated trustee.

(g) Notification to the disbursing officer of the designation of commanding officer or director as a temporary fiduciary. Upon the designation of the commanding officer; the Governor, U.S. Naval Home, or the director of a Veterans' Administration hospital as a temporary fiduciary in accordance with paragraph (a)(2) of this section to receive sums not to exceed $250 due an incompetent, the AJAG(CL), in the case of an incompetent on active duty shall notify the commanding officer of the incompetent, and such commanding officer shall notify the disbursing officer having custody of the incompetent's pay record to pay to the temporary fiduciary a designated amount or amounts as they become due, not to exceed $250. However, further sums as they become due in the accounts of the member shall be held in a suspended status pending the formal designation or appointment of a trustee or guardian, or the AJAG(CL) shall issue a supplemental instruction for the further release of funds. The AJAG(CL), in the case of retired personnel of the Navy and Naval Reserve and personnel of the Fleet Reserve, shall notify the Commanding Officer, U.S. Navy Finance Center (Retired Pay Department), Cleveland, Ohio 44199, of the designation. In cases of retired personnel of the Marine Corps, Marine Corps Reserve, and personnel of the Fleet Marine Corps Reserve, the AJAG(CL) shall notify the Commanding Officer Marine Corps Finance Center, Retired Pay Division, Kansas City, Mo. 64197, of the designation. After such notification, amounts as they become due (other than the $250) shall be held in a suspended status pending the formal designation or appointment of a trustee or guardian, or a supplemental instruction by the AJAG(CL) for release of further funds.

[35 FR 13083, Aug. 18, 1970, as amended at 41 FR 26863, June 30, 1976]

§ 726.8 Reports and supervision of trust

ees.

(a) Annual accounting report. The trustee designated under this part shall submit accounting reports annually or at such time as the AJAG(CL) may desire. The reports shall show all funds received from the Navy or Marine Corps in behalf of the incompetent, all expenditures made in behalf of the incompetent, and a statement of the condition of the trustee account at the time of the submission of the report. When requested by the AJAG(CL), it shall be accompanied by receipts, canceled checks, or vouchers covering expenditures. If the trustee fails to report promptly at the end of any annual reporting period, or at such other time as the AJAG(CL) desires, the AJAG(CL) may, in his discretion, cause further payments to such trustee to cease and may, if deemed advisable, designate a successor trustee, not under legal disability, to receive the future payments of moneys due the incompetent. Upon request of the AJAG(CL), the trustee shall furnish for examination all bank statements of the trustee checking accounts, trustee savings account pass books or trustee savings account bank statements, or other records concerning the trustee account.

(b) Termination of payments to trustee. Payments due an incompetent member shall cease to be paid to the trustee upon receipt of notification by the disbursing officer; Commanding Officer, U.S. Navy Finance Center (Retired Pay Department); or Commanding Officer Marine Corps Finance Center (Retired Pay Division) of the occurrence of any of the following:

(1) Death of the incompetent;

(2) Death or disability of the trustee appointed;

(3) Receipt of notice that a committee, guardian, or other legal representative has been appointed for the incompetent by a court of competent jurisdiction;

(4) Receipt of notification from the AJAG(CL) of the failure of a trustee to render any of the required reports;

(5) Receipt of notification by the AJAG(CL) that there is probable

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