An activity is considered ‘incident to military service’ if it’s integral to fulfilling military obligations, closely related to the unique duties of armed forces personnel, or occurs in a context where military interests are likely to predominate. Courts look at factors like the servicemember’s duty status, location, and the nature of the activity at the time of injury or death.
For example: A soldier undergoing required fitness training on base who gets injured would be considered engaging in an activity ‘incident to military service’.