EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a note under section 501 of Title 10, Armed Forces.

§ 318. Compensation for disablement during training. A member of the National Guard is entitled to the hospital benefits, pensions, and other compensation provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of this title

(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

(2) for any period of time, and is disabled in line of duty from injury while so employed. (As amended Sept. 7, 1962, Pub. L. 87-649, § 8(a), 76 Stat. 495.)

AMENDMENTS

1962-Pub. L. 87-649 eliminated provisions which related to entitlement to pay and allowances. See section 204 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

§ 321. Death gratuity.

(a) Except as provided in subsection (h), the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall have a death gratuity paid to or for the survivor prescribed by subsection (e) immediately upon receiving official notification of the death of a member of the National Guard who

(2) dies while performing other training or duty under one of those sections or under section 206 of title 37; or

(3) when authorized or required by an authority designated by the Secretary concerned, assumed an obligation to perform training or duty under one of those sections or under section 206 of title 37 (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service), and who dies from an injury incurred by him after December 31, 1956, while traveling directly to or from that training or duty.

(b) Except as provided in subsection (h), the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall have a death gratuity paid to or for the survivor prescribed by subsection (e) of each member of the National Guard who dies within 120 days after his discharge or release from

(2) other training or duty performed under one of those sections or under section 206 of title 37 (other than work or study in connection with a

correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service);

(f) The death gratuity payable under this section shall be equal to 6 months' pay at the rate to which the decedent was entitled on the date of his death, except that the gratuity may not be less than $800 or more than $3,000. For this purpose:

(3) A person covered by subsection (a), (b), or (c) who incurred a disability while performing training or duty under section 316, 502, 503, 504, or 505 of this title or under section 206 of title 37 and who became entitled to basic pay while receiving hospital or medical care, including outpatient care, for that disability, is considered to have been on that training or duty for as long as he is entitled to that pay.

(As amended Sept. 7, 1962, Pub. L. 87-649, § 8(b), 76 Stat. 495.)

AMENDMENTS

1962-Pub. L. 87-649 substituted "section 206 of title 37" for "section 301 of title 37" in subsecs. (a) (2), (3), (b) (2), and (f) (3).

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

1961-Subsec. (f). Pub. L. 87-224 provided that the authorized compensation may include employer's contributions to retirement systems, and that such contributions shall not exceed 61⁄2 per centum of the compensation upon which based.

NUMBER OF CARETAKERS FOR AIR NATIONAL GUARD Pub. L. 88-149, title II, § 201, Oct. 17, 1963, 77 Stat. 259, provided in part that: "The number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) [this section] may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard."

Similar provisions were contained in Pub. L. 86-166, title II, § 201, Aug. 18, 1959, 73 Stat. 372; Pub. L. 86-601, title II, § 201, July 7, 1960, 74 Stat. 344; Pub. L. 87-144, title II, § 201, Aug. 17, 1961, 75 Stat. 370; Pub. L. 87-577, title II, § 201, Aug. 9, 1962, 76 Stat. 323.

NUMBER OF CARETAKERS FOR ARMY NATIONAL GUARD Pub. L. 88-149, title II, § 201, Oct. 17, 1963, 77 Stat. 258, provided in part that: "The number of caretakers authorized to be employed under provisions of law (32 U.S.C. 709) [this section] may be such as is deemed necessary by the Secretary of the Army."

Similar provisions were contained in Pub. L. 86-166, title II, § 201, Aug. 18, 1959, 73 Stat. 371; Pub. L. 86-601, title II, § 201, July 7, 1960, 74 Stat. 343; Pub. L. 87-144, title II, § 201, Aug. 17, 1961, 75 Stat. 369; Pub. L. 87-577, title II, § 201, Aug. 9, 1962, 76 Stat. 322.

§ 714. Final settlement of accounts: deceased members.

(c) Under such regulations as the Comptroller General may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. Payment under clause (6) of subsection (a) shall be made

(1) upon settlement by the General Accounting Office; or

(2) as otherwise authorized by the Comptroller General.

(As amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.)

AMENDMENTS

1961-Subsec. (c). Pub. L. 87-46 substituted "Payment under clause (6) of subsection (a) shall be made"(1) upon settlement by the General Accounting Office; or

"(2) as otherwise authorized by the Comptroller General" for "Payments under clauses (2)-(6) of subsection (a) may be paid only after settlement by the General Accounting Office."

§ 715. Property loss; personal injury or death: activities under certain sections of this title.

(a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $5,000 a claim against the United States for

(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;

(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or

(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; caused by a person employed under section 709 of this title acting within the

scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.

(b) A claim may be allowed under subsection (a) only if

(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;

(2) it is not covered by section 2734 of title 10 or section 2672 of title 28;

(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;

(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and

(5) it is substantiated as prescribed in regulations of the Secretary concerned.

For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.

(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico.

(d) If the Secretary of the military department concerned considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration.

(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.

(f) In any case where the amount to be paid is not more than $1,000, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10 to settle similar claims.

(g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive.

(h) In this section, "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance. (Added Pub. L. 86-740, § 1(1), Sept. 13, 1960, 74 Stat 878, amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76 Stat. 495.)