Army National Guard Soldier attached to a WTU

H

hawkdrvr09

PEB Forum Regular Member
If an Army National Guard Soldier is on ADSW orders, is so severely injured in the Line of Duty that he or she is admitted to BAMC (now SAMMC), ICU, due to Instrumentality of War / Hazardous Duty, and subsequently put on ADME orders, at the time of the attachment to a WTU is it reasonable for the soldier to believe her or she is on "Active Duty", the WTU attachment orders noting that “You are attached for quarters, rations, administration and UCMJ”, even if the orders do not reference Title 10? I'd love a JAG Officer or Attorney to weigh in on this, thank you all for your time and consideration.
 
The ADME orders should have a authorization code. It should be 10 USC 12301 h
 
Yes, those orders do have the authorization code, but, were not issued until 6 months after being attached to the WTU and subsequently CBWTU. I'm specifically questioning the attachment orders that were issued immediately after the injury occurred. Are those attachment orders considered to be active duty orders?
 
Short answer, yes. Slightly longer answer, it depends for what purposes you mean "active duty orders," but the answer is still likely yes.
 
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