Page:United States Statutes at Large Volume 52.djvu/1222

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52 STAT.] 75TH CONG. , 3D SESS. -CH. 690-JUNE 25, 1938 purchase of required uniforms shall be paid to officers of the Naval Reserve when they first report for active duty. SEC. 303. In time of peace midshipmen, merchant marine cadets, nurses, and enlisted men of the Naval Reserve may be issued articles of uniform, bedding, and equipment in accordance with regulations to be prescribed by the Secretary of the Navy: Provided,That upon first reporting for active duty in time of war or national emergency enlisted men of the Naval Reserve may be issued such additional articles as are required to give them the same outfit as is authorized for enlisted personnel of the Regular Navy upon first enlistment, and midshipmen, merchant marine cadets, and nurses shall be issued such additional articles as the Secretary of the Navy may prescribe. SEC. 304. If in time of peace any member of the Naval Reserve is physically injured in the line of duty while performing active military or naval service, or dies as the result of such physical injury, he or his beneficiaries shall be entitled to all the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as a result thereof, and the United States Employees' Compensation Commission shall have jurisdiction in such cases and shall perform the same duties with reference thereto as in the cases of civil employees of the United States so disabled: Provided, That where a person who is eligible for the benefits pre- scribed by this section is also eligible for pension under the pro- visions of the Act of June 23, 1937, entitled "An Act to amend the provisions of the pension laws for peacetime service to include Reserve officers and members of the enlisted Reserves" (50 Stat. 305), he shall elect which benefit he shall receive, and for the purposes of this section and of said Act all members of the Naval Reserve shall be considered as performing active military or naval service while performing active duty with or without pay, training duty with or without pay, drills, equivalent instruction or duty, appropriate duty, or other prescribed duty, or while performing authorized travel to or from such duties: Provided further, That for the purpose of deter- mining the benefits to which entitled under the provisions of this section Naval Reservists so physically injured while performing the foregoing duties in a nonpay status will be held and considered as receiving the pay and allowances they would have received if in a pay status: Provided further, That Naval Reservists who become ill or contract disease in line of duty during the performance of active duty or training duty with or without pay shall be entitled, at Gov- ernment expense, to such medical, hospital, or other treatment as is necessary for the appropriate treatment of such illness or disease until the disability resulting from such illness or disease cannot be mate- rially improved by hospitalization or treatment, and to the necessary transportation and subsistence incident to such medical and hospital treatment and return to their homes when discharged therefrom: Provided further, That no treatment or hospitalization for such ill- ness or disease shall be continued for more than ten weeks following discharge from active or training duty except on the approved recom- mendation of a board of medical survey, consisting of one or more medical officers of the Navy or on authorization of the Surgeon Gen- eral of the Navy based on the certificate of a reputable physician that the illness or disease is a continuation of the illness or disease which was sustained or contracted during the period of active or training duty and that further benefit will result from continued treatment: And provided further, That in no case shall sickness or disease be regarded as an injury within the meaning of this section relating to the Naval Reserve. Issuance of unl- forms, etc., in time of peace. Proviso. Additional issue in time of war. Compensation for physical injuries while on active duty, in time of peace. Jurisdiction. Provisos. Choice where also eligible for pension. 50 Stat. 305. Injuries while per- forming designated duties in a nonpay status. Medical, etc., treat- ment of illness or dis- ease. Limitation. Sickness or disease not deemed an injury.