Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Forfeiture of pay. Pay is forfeited for any Soldier on active duty who is absent from regular duties fora continuous period of more than one day because of disease that is directly caused by and immediately following his or her intemperate use of drugs or alcohol. Pay is not forfeited for absence from duty caused by injuries or a disease not directly caused by and immediately following the intemperate use of drugs and alcohol. Forward, in a timely manner, pay adjustment documents) to the Soldier’s supporting military pay office. NOTE pay only forfeited for intemperate use of drugs or alcohol, but not misconduct and/or gross negligence.
• Disability retirement and severance pay. Soldiers who sustain permanent disabilities while on active duty must meet requirements of the applicable statutes to be eligible to receive certain retirement and severance pay benefits. One of these requirements is that the disability must not have resulted from the Soldier’s misconduct or gross negligence and must not have been incurred during a period of AWOL.
• Medical and dental care for Soldiers on duty other than active duty. A Soldier of the
ARNG/USAR is entitled to hospital benefits, pensions, and other compensation, similar to that for Soldiers of the Regular Army for injury, illness, or disease incurred ILD, under the following conditions prescribed bylaw- While performing active duty fora period of 30 days or less- While performing inactive duty training- While performing duty or service on funeral honors duty- While traveling directly to or from the place at which that Soldier is to perform or has performed any of the above- While remaining overnight immediately before the commencement of inactive duty training, or while remaining overnight, between successive periods of inactive duty training, at, or in the vicinity of the site of the inactive duty training or- While remaining overnight immediately before serving on funeral honors duty at or in the vicinity of the place at which the Soldier was to serve, if the place is outside reasonable commuting distance from the Soldier’s residence.

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