§ 105. Line of duty and misconduct

516 words·~2 min read·/usc/title-38/section-105

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(a)An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

(b)The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed

(1)was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties;

(2)was confined under sentence of court-martial involving an unremitted dishonorable discharge; or

(3)was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).

(c)For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99–576, title VII, § 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100–689, title I, § 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101–508, title VIII, § 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388–351; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 116–283, div. A, title IX, § 926(a)(2), Jan. 1, 2021, 134 Stat. 3829.)

Connections42 cite this · traces to 1

Cited by 42 sections · top 25

U.S. Code

CFR

statutes-at-large

Public Law 101–508
To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991

Traces to 1 document

public-private-law

William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Public Law 116-283

17 references not yet in our index

Pub. L. 85–857
72 Stat. 1110
Pub. L. 99–576, title VII, § 701(4)
100 Stat. 3290
Pub. L. 100–689, title I, § 109
102 Stat. 4170
Pub. L. 101–508, title VIII, § 8052(a)(1)
104 Stat. 1388–351
Pub. L. 102–83, § 4(a)(1)
105 Stat. 403
134 Stat. 3829
Pub. L. 102–83
Pub. L. 101–508
Pub. L. 100–689
Pub. L. 99–576, § 701(4)(A)
Pub. L. 99–576, § 701(4)(B)
Pub. L. 101–508, title VIII, § 8052(b)

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cites case law

§ 105

Line of duty and misconduct

Fed. Reg.×22

C.F.R.×16

U.S.C.×3

Stat.×1

Pub. L.Public Law 116-283

Pub. L.Pub. L. 85–857

Stat.72 Stat. 1110

Pub. L.Pub. L. 99–576, title VII, § 701(4)

Stat.100 Stat. 3290

Pub. L.Pub. L. 100–689, title I, § 109

Cites 18 · showing 6Cited by 42 across 4 sources