RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02068 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He acquire retirement points during the Incapacitation Pay (INCAP Pay) period of 20 Oct 12 – 20 Apr 13. ________________________________________________________________ THE APPLICANT CONTENDS THAT: In 2012, he reinjured his left Achilles tendon which was initially injured on 6 Nov 01. In Nov 01, it was torn and repaired; then, in 2012, he reinjured it during official training and now requests retirement points. He was temporarily placed on INCAP Pay while waiting for his Line of Duty (LOD) paperwork to be completed and was supposed to have been placed on Medical Continuation (MEDCON) orders as soon as the LOD was completed. The LOD was held up at the group level for reasons he is unsure of; however, he was never switched over to MEDCON. In support of his appeal, the applicant provides a personal statement; copies of an LOD, dated Mar 13; active duty orders for the periods, 17 – 19 Oct 12; 29 Apr 12 – 23 Sep 12; Initial LOD for the Nov 01 injury; AF Form 469, Duty Limiting Condition Report, dated 12 Feb 13, and various other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on available records, the applicant was a member of the New York Air National Guard (NYANG). On 29 Apr 12, the applicant was recalled to Extended Active Duty (EAD) under Title 32, USC § 502 (A). On 13 Jul 12, the applicant reported to the Flight Medicine Clinic complaining of a painful and swollen Achilles tendon. On 23 Sep 12, he was released from EAD. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends denial, stating, in part, after reviewing the request they note the applicant has supplied sufficient documents associated with having a LOD and was restricted fr6m military duty. In accordance with the governing Department of Defense Instruction, a member authorized pay and allowances shall not be allowed to attend inactive duty training periods or to acquire retirement points for performing inactive duty training. There are two types of INCAP Pay; The first, a Reserve component member who is unable to perform military, due to an injury, illness, or disease incurred or aggravated in the line of duty is entitled to full pay and allowances, including all incentive and special pays to which entitled, if otherwise eligible, less any earned income as provided under 37 U.S.C. The second is where a member is able to perform military duties but demonstrates a loss of earned income as a result of an injury, illness, or disease incurred or aggravated in the line of duty. In this instance, a member is entitled to pay and allowance but not to exceed the amount of the demonstrated loss of earned income. This has been commonly referred to as INCAP Pay. The complete A1PS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He has been on Temporary Duty (TDY) orders and has not had adequate time to prepare a response; however, he contacted the medical group and found out that key members of the medical group are TDY as well. He cannot provide any other supporting documents in the time he has. He requests that his medical group at his unit be contacted because they handled the bulk of his LOD and INCAP paperwork. They will be the first to explain that the length of time it took to procure the finished copy of his LOD was unacceptable and of no fault of his own. The applicant reiterates his original contentions and states that he has been working hard toward his retirement and would like to get the active duty points he deserves. The applicant’s complete response is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We note that the applicant requests that his medical group be contacted for additional evidence; however, the Board is not an investigative body and the burden of proof in substantiating an error or injustice rests with the individual applicant. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden that he has suffered an error or an injustice. Accordingly, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02068 in Executive Session on 4 Mar 14 and 5 Mar 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Apr 13, w/atchs. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, NGB/A1PS, dated 17 Jun 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 28 Jun 13. Exhibit E. Letter, Applicant, dated 24 Jul 13. Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974