[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR728.21]

[Page 313-315]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 728_MEDICAL AND DENTAL CARE FOR ELIGIBLE PERSONS AT NAVY MEDICAL 
DEPARTMENT FACILITIES--Table of Contents
 
  Subpart C_Members of Reserve Components, Reserve Officers' Training 
 Corps, Navy and Marine Corps Officer Candidate Programs, and National 
                             Guard Personnel
 
Sec. 728.21  Navy and Marine Corps reservists.


    (a) Scope. This section applies to reservists, as those terms are 
defined in

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Sec. 728.2, ordered to active duty for training or inactive duty 
training for 30 days or less. Reservists serving under orders specifying 
duty in excess of 30 days, such as Sea and Air Mariners (SAMS) while on 
initial active duty for training, will be provided care as members of 
the Regular service per subpart B.
    (b) Entitlement. Per 10 U.S.C. 1074a(a), reservists who incur or 
aggravate an injury, illness, or disease in line of duty while on active 
duty for training or inactive duty training for a period of 30 days or 
less, including travel to and from that duty, are entitled to medical 
and dental care appropriate for the treatment of that injury, disease, 
or illness until the resulting disability cannot be materially improved 
by further hospitalization or treatment. Care is authorized for such an 
injury, illness, or disease beyond the period of training to the same 
extent as care is authorized for members of the Regular service (see 
subpart B) subject to the provisions of Sec. 728.21(e).
    (c) Questionable circumstances. If the circumstances are 
questionable, referral to the OMA or ODA is appropriate. If necessary, 
make referral to the Naval Medical Command (MEDCOM-33 for medical and 
MEDCOM-06 for dental) on determinations of entitlements.
    (d) Line of duty. For the purpose of providing treatment under laws 
entitling reservists to care, an injury, illness, or disease which is 
incurred, aggravated, or becomes manifest while a reservist is employed 
in the performance of active duty for training or inactive duty training 
(including authorized leave, liberty and travel to and from either duty) 
will be considered to have been incurred in line of duty (LOD) unless 
the condition was incurred as a result of the reservist's own misconduct 
or under other circumstances enumerated in JAG Manual, chapter VIII. 
While the LOD investigation is being conducted, such reservists remain 
entitled to care. If the investigation determines that the injury or 
illness was not incurred in line of duty, the civilian humanitarian 
nonindigent rate is applicable if further care is required in naval 
MTFs. (See DOD Military Pay and Allowances Entitlement Manual for 
allowable constructive travel times.)
    (e) Treatment and services authorized. In addition to those services 
delineated above, the following may be rendered under circumstances 
outlined:
    (1) Prosthetic devices, including dental appliances, hearing aids, 
spectacles, and orthopedic appliances that are lost or have become 
damaged during training duty, not through negligence of the individual, 
may be repaired or replaced at Government expense.
    (2) Reservists covered by this subpart may be provided the following 
only if approved by the appropriate OMA or ODA, or by the Commander, 
Naval Medical Command (MEDCOM-33 for medical and MEDCOM-06 for dental) 
prior to initiation of services.
    (i) Treatment for acute exacerbations of conditions that existed 
prior to a reservist's period of training duty. Limit care to that 
necessary for the prevention of pain or undue suffering until the 
patient can reasonably return to control of the member's private 
physician or dentist.
    (A) Remediable physical defects and remediable treatment for other 
conditions.
    (B) Elective surgery.
    (ii) All dental care other than emergency treatment and that 
necessary to correct an injury incurred in the line of duty.
    (f) Authorization for care. (1) Reservists covered by this subpart 
may be provided inpatient or outpatient care during a period of training 
duty without written authorization.
    (2) Except in emergencies or when inpatient care initiated during a 
period of training duty extends beyond such period, reservists will be 
required to furnish written official authorization from their unit 
commanding officer, or higher authority, incident to receiving inpatient 
or outpatient care beyond the period of training duty. The letter of 
authorization will include name, grade or rate, social security number, 
and organization of the reservist; type of training duty being performed 
or that was being performed when the condition manifested; diagnosis (if 
known); and a statement that the condition was incurred in line of duty 
and that the reservist is entitled to care. If

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the reservist has been issued a notice of eligibility (NOE) (subpart I), 
the NOE may then be accepted in lieu of the letter of authorization. 
When authorization has not been obtained beforehand, care may be 
provided on a civilian humanitarian basis (see subpart G) pending final 
determination of eligibility.