Page:United States Statutes at Large Volume 70.djvu/915

 70 S T A T. ]

P U B U C LAW 881-AUG. 1, 1956

869

Corps of the Public Health Service (other than for training purposes), (C) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy, and (D) authorized travel to or from such duty or service. (5) "Active duty for training" means (A) full-time duty per- training"! **"*^ ' ° ' formed by a member of a reserve component of a uniformed service in the active military or naval service of the United States for training purposes, (B) full-time duty as a commissioned officer in the Keserve Corps of the Public Health Service for training purposes, (C) annual training duty performed for a period of fourteen days or more by a member of the Reserve Officers' Training Corps, the Naval Keserve Officers' Training Corps, or the • Air Force Reserve Officers' Training Corps, and (D) authorized travel to or from such duty. The term does not include duty performed as a temporary member of the Coast Guard Reserve. (6)(A) "Inactive duty training" means any of the training, tr^'nfng"!^''* *^"*^ instruction, duty, appropriate duties, or equivalent training, instruction, duty, appropriate duties, or hazardous duty, performed with or without compensation by a member of a reserve component of a uniformed service, prescribed by the appropriate Secretary pursuant to section 501 of the Career Compensation Act of 1949 or any other provision of law. The term does not ^^ ^*|^* ^^^' include (1) work or study performed by a member of a reserve component of a uniformed service in connection with correspondence courses of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service, (2) attendance at an educational institution in an inactive status under the sponsorship of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service, or (3) duty performed as a temporary member of the Coast Guard Reserve. (B) Any member of a reserve component of a uniformed service— (i) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and (ii) who dies from an injury incurred on or after January 1, 1957, by him while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be; shall be deemed to have been on active duty for training or inactive duty training, as the case may be, and entitled to basic pay at the time such injury was incurred. For purposes of title III, ^°®'' P* ^*®' except section 303, the Secretary concerned, and for purposes of ^* P* ^^^' title II and section 303, the Administrator, shall determine whether such member of a reserve component of a uniformed service was so authorized or required to perform such duty, and whether he died from injury so incurred. In making such determinations, the Secretary concerned or the Administrator, as the case may be, shall take into consideration the hour on which the member of a reserve component of a uniformed service began to so proceed or so return; the hour on which he was scheduled to arrive for, or on which he ceased to perform, such duty; the method of travel employed; his itinerary; the manner in which the travel was performed; and the immediate cause of death. Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subparagraph, the burden of proof shall be upon the claimant.

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