[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 3.6][Page 153-155]
TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 3--ADJUDICATION--Table of Contents
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
Sec. 3.6 Duty periods.
(a) Active military, naval, and air service. This includes active
duty, any period of active duty for training during which the individual
concerned was disabled or died from a disease or injury incurred or
aggravated in line of duty, and any period of inactive duty training
during which the individual concerned was disabled or died from an
injury incurred or aggravated in line of duty or from an acute
myocardial infarction, a cardiac arrest, or a cerebrovascular accident
which occurred during such training.
(Authority: 38 U.S.C. 101(24))
(b) Active duty. This means:
(1) Full-time duty in the Armed Forces, other than active duty for
training;
(2) Full-time duty (other than for training purposes) as a
commissioned officer of the Regular or Reserve Corps of the Public
Health Service:
(i) On or after July 29, 1945, or
(ii) Before that date under circumstances affording entitlement to
full military benefits, or
(iii) At any time, for the purposes of dependency and indemnity
compensation.
(3) Full-time duty as a commissioned officer of the Coast and
Geodetic Survey or of its successor agencies, the
[[Page 154]]
Environmental Science Services Administration and the National Oceanic
and Atmospheric Administration:
(i) On or after July 29, 1945, or
(ii) Before that date:
(a) While on transfer to one of the Armed Forces, or
(b) While, in time of war or national emergency declared by the
President, assigned to duty on a project for one of the Armed Forces in
an area determined by the Secretary of Defense to be of immediate
military hazard, or
(c) In the Philippine Islands on December 7, 1941, and continuously
in such islands thereafter, or
(iii) At any time, for the purposes of dependency and indemnity
compensation.
(4) Service at any time as a cadet at the United States Military,
Air Force, or Coast Guard Academy, or as a midshipman at the United
States Naval Academy;
(5) Attendance at the preparatory schools of the United States Air
Force Academy, the United States Military Academy, or the United States
Naval Academy for enlisted active-duty members who are reassigned to a
preparatory school without a release from active duty, and for other
individuals who have a commitment to active duty in the Armed Forces
that would be binding upon disenrollment from the preparatory school;
(6) Authorized travel to or from such duty or service; and
(7) A person discharged or released from a period of active duty,
shall be deemed to have continued on active duty during the period of
time immediately following the date of such discharge or release from
such duty determined by the Secretary concerned to have been required
for him or her to proceed to his or her home by the most direct route,
and, in all instances, until midnight of the date of such discharge or
release.
(Authority: 38 U.S.C. 106(c))
(c) Active duty for training. (1) Full-time duty in the Armed Forces
performed by Reserves for training purposes;
(2) Full-time duty for training purposes performed as a commissioned
officer of the Reserve Corps of the Public Health Service:
(i) On or after July 29, 1945, or
(ii) Before that date under circumstances affording entitlement to
full military benefits, or
(iii) At any time, for the purposes of dependency and indemnity
compensation:
(3) Full-time duty performed by members of the National Guard of any
State, under 32 U.S.C. 316, 502, 503, 504, or 505, or the prior
corresponding provisions of law or full-time duty by such members while
participating in the reenactment of the Battle of First Manassas in July
1961;
(4) Duty performed by a member of a Senior Reserve Officers'
Training Corps program when ordered to such duty for the purpose of
training or a practice cruise under chapter 103 of title 10 U.S.C.
(i) The requirements of this paragraph are effective--
(A) On or after October 1, 1982, with respect to deaths and
disabilities resulting from diseases or injuries incurred or aggravated
after September 30, 1982, and
(B) October 1, 1983, with respect to deaths and disabilities
resulting from diseases or injuries incurred or aggravated before
October 1, 1982.
(ii) Effective on or after October 1, 1988, such duty must be
prerequisite to the member being commissioned and must be for a period
of at least four continuous weeks.
(Authority: 38 U.S.C. 101(22)(D) as amended by Pub. L. 100-456)
(5) Attendance at the preparatory schools of the United States Air
Force Academy, the United States Military Academy, or the United States
Naval Academy by an individual who enters the preparatory school
directly from the Reserves, National Guard or civilian life, unless the
individual has a commitment to service on active duty which would be
binding upon disenrollment from the preparatory school.
(6) Authorized travel to or from such duty.
(Authority: 38 U.S.C. 101(22))
[[Page 155]]
The term does not include duty performed as a temporary member of the
Coast Guard Reserve.
(d) Inactive duty training. This means: (1) Duty (other than full-
time duty) prescribed for Reserves (including commissioned officers of
the Reserve Corps of the Public Health Service) by the Secretary
concerned under 37 U.S.C. 206 or any other provision of law;
(2) Special additional duties authorized for Reserves (including
commissioned officers of the Reserve Corps of the Public Health Service)
by an authority designated by the Secretary concerned and performed by
them on a voluntary basis in connection with the prescribed training or
maintenance activities of the units to which they are assigned; and
(3) Training (other than active duty for training) by a member of,
or applicant for membership (as defined in 5 U.S.C. 8140(g)) in, the
Senior Reserve Officers' Training Corps prescribed under chapter 103 of
title 10 U.S.C.
(4) Duty (other than full-time duty) performed by a member of the
National Guard of any State, under 32 U.S.C. 316, 502, 503, 504, or 505,
or the prior corresponding provisions of law. The term inactive duty
training does not include:
(i) Work or study performed in connection with correspondence
courses,
(ii) Attendance at an educational institution in an inactive status,
or
(iii) Duty performed as a temporary member of the Coast Guard
Reserve.
(Authority: 38 U.S.C. 101(23))
(e) Travel status--training duty (disability or death from injury or
covered disease). Any individual:
(1) Who, when authorized or required by competent authority, assumes
an obligation to perform active duty for training or inactive duty
training; and
(2) Who is disabled or dies from an injury or covered disease
incurred while proceeding directly to or returning directly from such
active duty for training or inactive duty training shall be deemed to
have been on active duty for training or inactive duty training, as the
case may be. The Department of Veterans Affairs will determine whether
such individual was so authorized or required to perform such duty, and
whether the individual was disabled or died from an injury or covered
disease so incurred. In making such determinations, there shall be taken
into consideration the hour on which the individual began to proceed or
return; the hour on which the individual was scheduled to arrive for, or
on which the individual ceased to perform, such duty; the method of
travel performed; the itinerary; the manner in which the travel was
performed; and the immediate cause of disability or death. Whenever any
claim is filed alleging that the claimant is entitled to benefits by
reason of this paragraph, the burden of proof shall be on the claimant.
(3) For purposes of this section, the term covered disease means any
of the following:
(i) An acute myocardial infarction.
(ii) A cardiac arrest.
(iii) A cerebrovascular accident.
(Authority: 38 U.S.C. 106(d))
[26 FR 1564, Feb. 24, 1961, as amended at 26 FR 6767, July 28, 1961; 27
FR 4023, Apr. 27, 1962; 29 FR 14171, Oct. 15, 1964; 36 FR 5341, Mar. 20,
1971; 41 FR 26881, June 29, 1976; 49 FR 47003, Nov. 30, 1984; 54 FR
51200, Dec. 13, 1989; 55 FR 23931, June 13, 1990; 60 FR 57179, Nov. 14,
1995; 61 FR 11731, Mar. 22, 1996; 66 FR 48560, Sept. 21, 2001; 67 FR
49585, July 31, 2002]
Editorial Note: For Federal Register citations affecting Sec. 3.1,
see the List of Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
PART I -- DEPT OF VA
CFR
You'all come back real soon. We ain't done yet.
Published by a vet for vets.
Use it, take it ; no copyright (ever) here.
Please send me an email for corrections, update and other important links for vets!
|