38 U.S.C. § 105 : US Code - Section 105: Line of duty and misconduct

Search 38 U.S.C. § 105 : US Code - Section 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.