Auburn University, Auburn, Ala. Colorado, University of, Boulder, Colo. Columbia University, New York, N.Y. Georgia Institute of Technology, Atlanta, Ga.1 Miami University, Oxford, Ohio. Michigan, University of, Ann Arbor, Mich.1 North Carolina, University of, Chapel Hill, Northwestern University, Evanston, Ill.1 Pennsylvania, University of Philadelphia, Pa.1 Rochester, University of, Rochester, N.Y. Stanford University, Stanford, Calif. Tulane University of Louisiana, New Orleans, Utah, University of, Salt Lake City, Utah. [25 F.R. 10824, Nov. 15, 1960, as amended at 28 F.R. 12365, Nov. 22, 1963] 1 Currently also offers instruction in Naval Science leading to commissions in the Supply Corps of the U.S. Navy and Naval Reserve. 2 Offers the Contract NROTC Program leading to commissions in the U.S. Naval Reserve, but not the Regular NROTC Program leading directly to commissions in the U.S. Navy. Subpart N Appendix 2: Disability and Death Benefits for Members of the Naval Reserve Officers Training Corps § 711.1401 Benefits in the event of disability or death. (a) Applicable Statutes. There are four principal statutory provisions or groups of provisions for disability and death benefits of members of the NROTC: (1) 10 U.S.C. 6148 provides for disability and death benefits for the Naval Reserve and is thus applicable to Regular NROTC students appointed Midshipmen, USNR. While previously included in this statutory provision, benefits consisting of entitlement to pay and allowances are now dealt with separately (listed in subparagraph (2) of this paragraph). (2) 37 U.S.C. 204 (i) in conjunction with 204(g) provides for pay and allowances; it applies to members of the Naval Reserve and, hence, to Regular NROTC students appointed Midshipmen, USNR. (3) 38 U.S.C., Veterans' Benefits; various provisions of Title 38 (administered by the Veterans Administration) may be applicable to Regular NROTC students appointed Midshipmen, USNR, dependent on statutory requirements and controlling definitions of terms, such as "veteran" and "active naval service" (38 U.S.C. 101(2), (24)). 38 U.S.C. 403 declares applicable the provisions for dependency and indemnity compensation for service-connected deaths and the provisions of 38 U.S.C. 722 ("Service disabled veterans' insurance)" to Regular and Contract NROTC students in regard to annual training duty for a period of 14 days or more and travel to and from such duty. (4) 5 U.S.C. 802 as modified by 38 U.S.C. 417(b) (2) renders applicable the benefits of the Federal Employees' Compensation Act (5 U.S.C. 751-793) to Regular and Contract NROTC students in regard to disability incurred in flight instruction or during the traditional practice cruise or training period or camp or while performing travel to or from such cruise, training period or camp but is inapplicable in death cases in which a person is eligible for dependency and indemnity compensation under 38 U.S.C. 403. (5 U.S.C. 802 is administered by the Bureau of Employees' Compensation in the Department of Labor.) provisions (b) Additional statutory and implementing regulations. In addition to the statutes referred to in paragraph (a) of this section, there are others providing specific rights (see 10 U.S.C. 1481(a) (4) on care and disposition of remains and 24 U.S.C. 279a(5) and 281(a)(3) on headstones and burial in national cemeteries) or providing against duplication of benefits (see 38 U.S.C. 3104). 10 U.S.C. 1475(a) (4) authorizes payment of the death gratuity for Contract as well as Regular students dying while performing annual training duty for a period of more than 13 days or while performing authorized travel to or from that annual training duty. In addition to § 711.902a and the provisions of the Navy Comptroller Manual referred to therein, there are also extensive other regulations implementing statutes referred to in this section, including the following: (1) Part 728 of this chapter, Medical Care for Eligible Persons at Naval Medical Facilities, §§ 728.22 and 728.26 dealing with members of the Naval Reserve, including Regular NROTC students, and 728.25 dealing with Contract NROTC students. (2) Judge Advocate General Instruction P5800. 7, JAG Manual, including instructions on investigations and line of duty determinations; see, e.g., chaps. VII and VIII and sec. 0911. (3) Bureau of Medicine and Surgery Instruction 5360.1A, Decedent Affairs Manual, article B203.2. (c) Extent of coverage. The statutes referred to indicate that, in order for benefits to accrue in any particular case, certain conditions have to be met, such as line of duty, active duty, inactive-duty training, attending a cruise, injury or disease, and disability. Moreover, the statute may apply either to Regular or Contract NROTC students or both. In view hereof, the question or coverage of an NROTC student must be determined on the basis of the facts of the case and the applicable law. For purposes of this section it is sufficient to set forth the following areas which represent the great bulk of pertinent situations. (1) Military drills. Benefits for disability or death may accrue to Regular NROTC students who are disabled or die as a result of injury incurred in line of duty while participating in the normal NROTC Military Drills. This coverage does not extend to Contract NROTC students (but see § 728.75 (a) of this chapter, "Civilian humanitarian" for emergency cases). (2) Summer cruise. In case of disability or death as a result of injury or disease incurred while participating in the traditional NROTC summer cruise, benefits may attach for all NROTC students both Regular and Contract. Nevertheless, because of the conditions involved, such as line of duty, an individual determination must be made in each instance. (3) Traveling. Coverage is also provided for disabilities or deaths which occur while traveling to or from the traditional NROTC summer cruises. In any given case, however, the question whether the student was actually "traveling to or from" the cruise may become an issue on which the receipt of benefits will depend. (4) Flight instruction. Where flight instruction is part of the NROTC Program, benefits will accrue for all NROTC students, both Regular and Contract, if disability is incurred from injury in line of duty and as the proximate result of the performance of the training. Whether the various legal conditions are met, however, may become a question on which the receipt of benefits will depend. (5) Academic instruction. No benefits from the military laws discussed accrue to any NROTC students who are injured or contract disease as a result of participating in their normal academic curriculum. This area is not considered as falling within the categories of duty or training for which benefits are prescribed. (d) Extent of benefits. The benefits which may accrue in any given situation including, e.g., simple treatment or hospitalization, depend on the particular circumstances and the law involved. Under 10 U.S.C. 6148, e.g., Regular NROTC students are entitled, if otherwise eligible, to the same benefits as members of the Regular Navy and, under 5 U.S.C. 802, Contract NROTC students are accorded benefits, if otherwise ellgible, as civilian employees of the Federal Government. (e) Determination of eligibility. Benefits may be applicable in any situation (except as set forth in this section) where an NROTC student is disabled or dies as a result of, or during the course of, participation in NROTC activities. Therefore, in the event of disability or death under such circumstances, a complete statement of all facts surrounding the incurrence of the disability or death will provide a firm basis from which a determination as to entitlement to benefits may be made. "This is not to say that every incident involving an NROTC student needs to be the subject of a report for this purpose. But where it appears to the cognizant commander that benefits may be applicable, or where reports are otherwise required (as, e.g., under sec. 0911 of the JAG Manual), the question should be raised. (80 Stat. 379, 550, secs. 5031, 6148, 6901, 70A Stat. 278, 383, 420, as amended, sec. 204(1), 76 Stat. 458; U.S.C. 301, 8140, 10 U.S.C. 5031, 6148, 6901, 37 U.S.C. 204(1)) [28 F.R. 12365, Nov. 22, 1963] 713.48 713.49 713.50 713.51 |