(a) This section describes the benefits for National Guard and Reserve members of the uniformed services and their eligible dependents. Benefits for members of the Retired Reserve and their eligible dependents are described in Sec. 161.13. Benefits for surviving dependents of deceased National Guard and Reserve members are described in Sec. 161.17.
(1) National Guard and Reserve members. National Guard and Reserve members are eligible for benefits based on being ordered to periods of active duty or full-time National Guard duty or active status in the SelRes, including Ready Reserve and Standby Reserve and participation in the Reserve Officer Training Corps.
Table 3 to Part 161--Benefits for National Guard and Reserve Members Not on Active Duty Greater Than 30 Days--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Member (Self)..................... No.................... No.................... Yes................... Yes.................. Yes.--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4 to Part 161--Benefits for National Guard and Reserve Members on Active Duty for Periods Greater Than 30 Days--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Member (Self)..................... No.................... Yes................... Yes................... Yes.................. Yes.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. This includes reported periods of early identification of Service members in support of a contingency operation in accordance with DoD Instruction
7730.54, ``Reserve Components Common Personnel Data System (RCCPDS)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/773054p.pdf).
(2) Dependents of National Guard or Reserve Members. Dependents of National Guard or Reserve members are eligible for benefits as shown in Table 5.
Table 5 to Part 161--Benefits for Dependents of National Guard or Reserve Members--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Spouse............................ 1..................... 1..................... Yes................... Yes.................. Yes.Children, Unmarried, Under 21
Years:
Legitimate, adopted, 1..................... 1..................... 2..................... 3.................... 3.
stepchild, illegitimate child
of record of female member,
or illegitimate child of male
member whose paternity has
been judicially determined or
voluntarily acknowledged.
Ward.......................... 1, 4.................. 1, 4.................. 4..................... 4.................... 4.
Pre-adoptive Child............ 1, 5.................. 1, 5.................. 5..................... 5.................... 5.
Foster Child.................. No.................... No.................... 2..................... 2.................... 2.Children, Unmarried, 21 Years and 1, 6.................. 1, 6.................. 2, 6.................. 6.................... 6.
Over.Father, Mother, Father-in-Law, No.................... 1, 2.................. 2..................... 3.................... 3.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if the sponsor is on active duty greater than 30 days. When the order to active duty period is greater than 30 days the eligibility for CHC and
DC for eligible dependents begins on the first day of the active duty period.2. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
abuse pursuant to 10 U.S.C. 1408(h).3. Yes, if dependent on an authorized sponsor for over 50 percent support, or children of a sponsor residing in the household of a former spouse (20-20-
20 or 10-20-10).4. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member as a result of a court of competent
jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:a. Is dependent on the member for over 50 percent support.b. Resides with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.5. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member by a placement agency (recognized by the
Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by
the member.6. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is dependent on the member for over 50 percent of the child's support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member and is dependent on the member for over 50 percent of the child's support.