§1074b — Title 10 Armed Forces | U.S. Code

Summary

Under rules created by the military Secretaries, certain academy students and Senior ROTC members or designated applicants can get care if they get or make worse an injury, illness, or disease while on duty. Covered people are cadets at the United States Military Academy, Air Force Academy, and Coast Guard Academy, and midshipmen at the Naval Academy. It also covers Senior ROTC members and designated applicants when the harm happens while doing duties under section 2109, while traveling directly to or from those duties, or while staying overnight just before or between duty periods at or near the duty site if it is beyond reasonable commuting distance. Those eligible get medical and dental care under this law as long as treatment can still materially improve the condition, and they get meals during any hospital stay. No benefits are allowed if the injury or illness was caused by the person’s own gross negligence or misconduct.

Title 10, §1074b

Armed Forces — Source: USLM XML via OLRC

(a)Under joint regulations prescribed by the administering Secretaries, the following persons are, except as provided in subsection (c), entitled to the benefits described in subsection (b):

(1)A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, and a midshipman at the United States Naval Academy, who incurs or aggravates an injury, illness, or disease in the line of duty.

(2)A member of, and a designated applicant for membership in, the Senior Reserve Officers’ Training Corps who incurs or aggravates an injury, illness, or disease—

(A)in the line of duty while performing duties under section 2109 of this title;

(B)while traveling directly to or from the place at which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or

(C)in the line of duty while remaining overnight immediately before the commencement of duties performed pursuant to section 2109 of this title or, while remaining overnight, between successive periods of performing duties pursuant to section 2109 of this title, at or in the vicinity of the site of the duties performed pursuant to section 2109 of this title, if the site is outside reasonable commuting distance from the residence of the member or designated applicant.

(b)A person eligible for benefits under subsection (a) for an injury, illness, or disease is entitled to—

(1)the medical and dental care under this chapter that is appropriate for the treatment of the injury, illness, or disease until the injury, illness, disease, or any resulting disability cannot be materially improved by further hospitalization or treatment; and

(2)meals during hospitalization.

(c)A person is not entitled to benefits under subsection (b) for an injury, illness, or disease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of that person.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1074b, added Pub. L. 102–190, div. A, title VI, § 640(a)(2), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(10), Feb. 10, 1996, 110 Stat. 499, which related to transitional medical and dental care for members on active duty in support of contingency operations, was repealed by Pub. L. 107–107, div. A, title VII, § 736(c)(1), (d), Dec. 28, 2001, 115 Stat. 1173, with provision that the section, as in effect before Dec. 28, 2001, was to continue to apply to a member of the Armed Forces who was released from active duty in support of a contingency operation before that date. Another prior section 1074b was renumbered section 1074c of this title.

§1074b Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC

Summary

Title 10, §1074b

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata