§ 105. — Line of duty and misconduct.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC105]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 105. Line of duty and misconduct
(a) An injury or disease incurred during active military, naval, or
air 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, or air 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, Sec. 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100-689, title
I, Sec. 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101-508, title VIII,
Sec. 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388-351; Pub. L. 102-83,
Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
Amendments
1991--Subsec. (c). Pub. L. 102-83 substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
1990--Subsec. (a). Pub. L. 101-508 substituted ``a result of the
person's own willful misconduct or abuse of alcohol or drugs'' for ``the
result of the person's own willful misconduct''.
1988--Subsec. (c). Pub. L. 100-689 added subsec. (c).
1986--Subsec. (a). Pub. L. 99-576, Sec. 701(4)(A), substituted
``result of the person's'' for ``result of his'' and ``requiring the
person'' for ``requiring him''.
Subsec. (b)(1). Pub. L. 99-576, Sec. 701(4)(B), substituted
``service or by absenting himself or herself'' for ``service, or by
absenting himself''.
Effective Date of 1990 Amendment
Section 8052(b) of Pub. L. 101-508 provided that: ``The amendments
made by subsection (a) [amending this section and sections 310 and 331
[now 1110 and 1131] of this title] shall take effect with respect to
claims filed after October 31, 1990.''
Section Referred to in Other Sections
This section is referred to in title 50 App. section 593.
