[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: 32CFR732.12]

[Page 353]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 732_NONNAVAL MEDICAL AND DENTAL CARE--Table of Contents
 
         Subpart B_Medical and Dental Care From Nonnaval Sources
 
Sec. 732.12  Eligibility.

    (a) Regular members. To be eligible for non-Federal medical, dental, 
or emergency maternity care at Government expense, Regular active duty 
United States naval members and Canadian Navy and Marine Corps members 
must be in a duty status when care is provided.
    (b) Reservists. (1) Reservists on active duty for training and 
inactive duty training, including leave and liberty therefrom, are 
considered to be in a duty status while participating in training. 
Accordingly, they are entitled to care for illnesses and injuries 
occurring while in that status.
    (2) Reservists are entitled to care for injuries and illnesses 
occurring during direct travel enroute to and from active duty training 
(ACDUTRA) and to and from inactive duty training.
    (c) NATO naval members. Naval members of the NATO Status of Forces 
Agreement (SOFA) nations of Belgium, Denmark, Federal Republic of 
Germany, France, Greece, Iceland, Italy, Luxembourg, the Netherlands, 
Norway, Portugal, Spain, Turkey, and the United Kingdom, are authorized 
outpatient care only under the provisions of this part when stationed in 
or passing through the United States in connection with official duties. 
Public Law 99-591 prohibits inpatient care of these foreign military 
members in the United States at the expense of the United States 
Government. The other NATO SOFA Nation, Canada, entered into a 
comparable care agreement with the United States requiring the United 
States to provide inpatient and outpatient care under the provisions of 
this part to members of the Department of National Defence of Canada 
receiving care in the United States.
    (d) Absent without authority. Naval members absent without authority 
during an entire episode of treatment are not eligible for non-Federal 
medical, dental, or emergency maternity care at Government expense. The 
only exception occurs when a member's illness or injury is determined to 
have been the direct cause of the unauthorized absentee status. In such 
an instance, eligibility will be:
    (1) Determined to have existed from the day and hour of such injury 
or illness provided the member was not in an unauthorized absentee 
status prior to the onset of the illness or injury and initiation of 
treatment.
    (2) Retained when the member is returned directly to military 
control.
    (3) Terminated should the member return to an unauthorized absentee 
status immediately after completion of treatment. Departmental level 
(MEDCOM-333 for medical and MEDCOM-06 for dental) review is required 
before benefits may be extended.
    (e) Constructive return. When constructive return, defined in Sec. 
732.11(c), is effected, entitlement will be determined to have existed 
from 0001 hours of the day of constructive return, not necessarily the 
day and hour care was initiated.