RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01298 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he was not required to use his civilian annual and sick leave for an injury that occurred while serving in Inactive Duty for Training (IDT) status. _________________________________________________________________ APPLICANT CONTENDS THAT: He injured his right shoulder while performing IDT. He believes his senior leadership took his injury lightly and did not follow procedures prescribed in Air National Guard Instruction 36-3001 or Air Force Instruction 36-2910. He should not have been required to use his civilian annual and sick leave for the days he was unable to work or had medical appointments. In support of his appeal, the applicant submits a personal statement, copies of medical records and numerous electronic communications in regard to his injury and leave status. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air National Guard (ANG) who was transferred to the Retired Reserve List, in the grade of staff sergeant (E-5), effective 9 July 2012. He served 25 years, 9 months, and 20 days of satisfactory service and is eligible to draw retired pay upon turning age 60. On 26 June 2010, while serving with the Georgia ANG, the applicant injured his right shoulder while performing IDT duties. A Line of Duty (LOD) determination was completed on 1 September 2010 by the Wing Appointing Authority. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFA/MEDCON recommends the applicant provide documentation (certified time card) highlighting the civilian leave he used and factual documentation pertaining to the recommended approval or denial of Incap Pay benefits to effectively determine the amount of time he had loss of income. This amount should be offset by the amount paid out in annual and sick leave already paid. DPFA/MEDCON states that members, who are able to perform their military duties and return to their civilian job, are not continued on orders for LOD conditions; however, they may be eligible for Incapacitation (Incap) Pay. Department of Defense Directive 1241.01, Reserve Component Medical Care and Incapacitation Pay for Line of Duty, authorizes medical and dental care an provides pay and allowances for members who demonstrate a loss of earned income as a result of an injury, illness, or disease incurred or aggravated in the line of duty. For medical continuation purposes, when members are able to perform their military and civilian duties, they are not considered incapacitated until or if they are scheduled for surgery. The applicant’s surgery was scheduled several times but cancelled due to not being approved by Tricare, or approved for Incap Pay. Delays in leadership responding to the applicant’s emails asking for assistance, the delays in submitting his LOD to Tricare, and the completion of the Incap Pay package appear to be the reason for multiple canceled surgeries and the start of the applicant’s Incap Pay. Subsequent to his injury, the applicant informed his leadership that he needed surgery. At this time he was informed of the Incap Pay program and the need to submit his LOD to the active duty Military Treatment Facility (MTF) for Tricare to approve and pay for his surgery. Eligibility for Incap Pay requires the LOD to be completed. The medical documentation related to the LOD condition is required for the process to be initiated. The applicant indicated to his chain of command that he was not able to make a medical appointment until 13 July 2010. The LOD was completed on 1 September 2010. This would be the earliest the applicant would be eligible for Incap Pay pending all other requirements were met. On the dates he indicated he had to leave his civilian job for medical appointments and the days he was unable to report for duty because of pain related to his LOD condition, his options were to either use his civilian leave (annual and sick time), or take leave without pay. Had the applicant taken leave without pay, he would have had loss income; therefore, per DODD 1241.01, and his medical point of contact’s email, dated 23 February 2011, the applicant would have been eligible for Incap Pay. A complete copy of the DPFA/MEDCON evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 August 2013 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was timely filed. 2. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took note of the recommendation from AFPC/DPFA/MEDCON and agree that in order to effectively determine the applicant’s loss of income, he must first submit documentation supporting his loss of civilian leave and/or pay and, provide documentation of his approval or denial of Incapacitation Pay benefits. While it appears the applicant has indeed suffered an error or injustice, AFPC/DPFA/MEDCON has indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. However, if after exhausting the available avenue of administrative relief, the applicant believes his records are in error or unjust, he may request reconsideration. . _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01298 in Executive Session on 7 January 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-01298: Exhibit A. DD Form 149, dtd 12 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFA/MEDCON, dtd 2 Aug 13, w/atch. Exhibit D. Letter, SAF/MRBR, dtd 23 Aug 13. Panel Chair 3