Legal Definitions - activity incident to service

Activity incident to service refers to any action or event involving a member of the armed forces that occurs as a direct consequence of their military duties, status, or relationship with the military. This encompasses actions taken during official operations, training, or while utilizing military resources or facilities provided due to their service.

Here are some examples illustrating this concept:

• Example 1: A Navy sailor is participating in a mandatory physical fitness test on a naval base. During the run portion of the test, they trip and sustain an injury.

  Explanation: The physical fitness test is a required duty for service members, and participating in it is a direct consequence of their military status and obligations. Therefore, the injury occurred during an activity incident to service.

• Example 2: An Army specialist is off-duty but living in barracks provided by the military on a base. While walking from their barracks room to the mess hall for a meal, they slip on a wet floor in a common area and are injured.

  Explanation: Living in military barracks and using the mess hall are privileges and necessities directly tied to the specialist's status as a service member. The injury occurred within military facilities provided as a result of their service, making it an activity incident to service.

• Example 3: A Marine is traveling in a military convoy through a foreign country as part of a deployment. The convoy is attacked, and the Marine is wounded.

  Explanation: Traveling in a military convoy during a deployment is an integral part of a military operation and a direct fulfillment of the Marine's duties. Any event occurring during such travel is considered an activity incident to service.