---
kind: "section"
citation: "32 C.F.R. § 564.38"
title: "32"
number: "564.38"
heading: "For whom authorized."
url: "https://uscodex.org/cfr/32/564.38"
---

# §564.38. For whom authorized.

- (a) **In line of duty.** Medical care is authorized for members who incur a disease or injury in line of duty under the following circumstances:
  - (1) When a disease is contracted or injury is incurred while enroute to, from, or during any type of training or duty under sections [503](/cfr/32/503.md), [504](/cfr/32/504.md), [505](/cfr/32/505.md), and for Guardmembers on orders for over 30 days performing duty under [section 502f](/usc/32/502f.md) of title 32, U.S.C. Such training includes, but is not limited to annual training, maneuvers and field exercises, service schools, small arms meets, and FTTD under aforementioned sections.
  - (2) When an injury is incurred while engaged in any type of training under [section 502](/usc/32/502.md) of title 32, U.S.C. Such training includes, but is not limited to, unit training assembly, multiple unit training assembly, and training in aerial flight, other than FTTD under 502f.
  - (3) While not on duty and while voluntarily participating in aerial flights in Government-owned aircraft under proper authority and incident to training. Guardmembers are authorized medical and dental care required as the result of an injury incurred in line of duty.
  - (4) Medical care is not authorized at Army expense for members who incur an injury while enroute to or from any type of training under [section 502](/cfr/32/502.md), except for Guardmembers ordered to perform duty for over 30 days under [section 502f](/usc/32/502f.md) of title 32, U.S.C. Line of duty investigations and authorization for any medical treatment for conditions incurred while the members were performing Reserve Enlistment Program of 1963 (REP 63) training in a Federal status, or training under [title 10](/cfr/10.md), U.S.C. are the responsibility of the Army Area commander under whose jurisdiction the member was training, even though the individual may have returned to his/her National Guard status.
- (b) **Not in line of duty.** Members who incur an injury or contract a disease during any type of training or duty under sections [502f](/usc/32/502f.md), [503](/usc/32/503.md), [504](/usc/32/504.md), or [505](/usc/32/505.md) of title 32, U.S.C., when it is determined to be not in line of duty, may be furnished medical care at Army expense during the period of training.
- (c) **Armory drill status.** Members who incur an injury while in an armory drill status under [section 502](/usc/32/502.md) of title 32, U.S.C., when it is determined to be not in line of duty, may not be furnished medical care at Army expense.

## Notes

### Source

Source: Sections 564.37 through 564.41 appear at 44 FR 16385, Mar. 19, 1979, unless otherwise noted.

### Authority

Authority: Section 110, 70A Stat. 600; 32 U.S.C. 110.