Who and how is a soldier eligable for incap pay, and how does one pursue it?
AR 135-381 Incapacitation of Reserve Component Soldiers
1–6. Entitlement
a. A member of the RC incurring or aggravating any injury, illness, or disease in the line of duty is entitled to
medical and dental care, incapacitation pay, and travel and transportation incident to medical and/or dental care, in
accordance with 37 USC 204 and 37 USC 206. The amount of incapacitation pay for the member will be determined in
accordance with DOD 7000.14–R, Volume 7A.
b. Members incapacitated in the line of duty are entitled to medical and dental treatment in an MTF for the in-theline-
of-duty condition until qualified for return to military duty. If the resulting incapacitation cannot be materially
improved by further hospitalization or treatment, the case will be processed and finalized through the Disability
Evaluation System (DES) when eligible for disability processing. Procedures governing physical disability evaluation
are provided in DODI 1332.38 and Department of Defense Directive (DODD) 1332.18.
c. A member on a call or order to active duty specifying a period of 30 days or less who incurs or aggravates an
injury, illness, or disease will not have orders terminated solely because of the injury, illness, or disease, unless
requested by the member. Upon release from active duty, the member is entitled to benefits provided by this regulation.
d. Members authorized incapacitation pay under 37 USC 204(g) will not be allowed to attend inactive duty training
(IDT) periods or to acquire retirement points for drills. However, a member may earn retirement points in order to
satisfy the requirements for a qualifying year of service by completing correspondence courses.
e. Nothing in this regulation will be construed to prevent emergency medical treatment at an MTF for a Reservist
while in a duty status. Members requesting emergency treatment at an MTF after termination of training duty, stating
that the condition is related to an injury, illness, or disease incurred during or aggravated by an earlier period of duty,
will be examined and provided necessary medical care. The circumstances surrounding the emergency condition will be
resolved after the emergency has been stabilized.
f . Soldiers who are participating in Reserve Officers Training Corps – Simultaneous Membership Program
(ROTC–SMP) or Early Commissioning Program on active or IDT or in travel status as members of an RC unit are
entitled to Government-funded health care on the same basis as other Soldiers.
g. In accordance with the Joint Federal Travel Regulations, Soldiers who qualify for medical care in accordance
with this regulation are entitled to travel and transportation allowances for necessary travel incident to such care and
return to their residence, upon discharge from treatment.
h. Travel orders will be issued by the RRC, Commander, HRC–St. Louis, or ARNG State headquarters for Soldiers
who are required to travel in excess of 50 miles or 90 minutes driving time for out patient health care authorized as a
result of an in-the-line-of-duty illness/injury/disease. The RRC, major subordinate command, ARNG State headquarters,
or Commander, HRC–St. Louis is responsible for travel involving outpatient care.
i. Members are authorized medical/dental treatment while the LDI is ongoing, provided the military medical support
office pre-approves the treatment. The LDI determination will determine eligibility for continued medical/dental care.
33 Pages. Google AR 135-381
