RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00776 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receives Incapacitation Pay (INCAP Pay) effective 21 Jun through 27 Sep 13. APPLICANT CONTENDS THAT: Due to administrative issues beyond his control, his request for INCAP Pay was not processed prior to his permanent disability retirement. He was receiving INCAP Pay prior to 21 Jun 13 for his service connected injury; however, the INCAP Pay request for the period of 21 Jun to 27 Sep 13 was not processed prior to his retirement on 27 Sep 13. The Medical Evaluation Board (MEB) recommended he be retired with 40 percent disability effective 27 Sep 13. He has been unemployed since incurring the service connected injury. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was a member of the Missouri Air National Guard (ANG). According to an AF IMT 348, Line of Duty Determination, dated 1 Dec 10, the applicant incurred an in the Line of Duty (LOD) injury on 16 Jun 10. According to an AF Form 469, Duty Limitation Conditions Report, dated 15 Aug 11, the applicant was undergoing an MEB and was restricted from active duty for training, deployments, mobilization and Temporary Duty (TDY) assignments. According to an AF Form 1971, Application for Incapacitation Pay, dated 20 Jun 13, the applicant requested he be approved for INCAP Pay for the period of 21 Jun to 18 Dec 13. According to Special Order ACD-03058 dated 16 Aug 13, the applicant was permanently retired effective 28 Sep 13 with a compensable percentage for physical disability of 40 percent. He was credited with 13 years, 10 months and 4 days of active duty service for basic pay. AIR FORCE EVALUATION: NGB/A1P recommends approval of the applicant’s request for INCAP Pay for the period of 21 Jun to 27 Sep 13 and concurs with the A1PS Subject Matter Expert’s advisory. The applicant’s physical restrictions for his medical condition prevented him from performing his military duties. In Accordance With (IAW) DoDI 1241.2, Reserve Component Incapacitation Benefits, dated 30 May 01, a Reserve component member who is unable to perform military duties, as determined by the Secretary concerned, due to an injury, illness or disease incurred or aggravated in the LOD 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. and DoDI 7000.14-R, Financial Management Regulation, Volume 7A reference (d). The applicant has supplied sufficient documentation associated with having a LOD determination with approved dates of 1 Dec 10 and AF Form 469, Duty Limitation Conditions Report, for the period of 28 Nov 12 through 28 Nov 13. A complete copy of the A1P 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 24 Nov 14 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 applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and 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 been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was entitled to receive Incapacitation Pay for the period of 21 Jun to 27 Sep 13. The following members of the Board considered AFBCMR Docket Number BC-2014-00776 in Executive Session on 20 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary was considered: Exhibit A. DD Form 149, dated 8 Oct 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, undated, w/atch. Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.