Search Decisions

Decision Text

AF | BCMR | CY1999 | 9801987
Original file (9801987.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01987

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Reserve Order D-25369 be extended by 30 days to  compensate  for  sick  days
she used during her incapacitation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Military Personnel Division, AFRC/DPM, reviewed this  application
and states that if the applicant reimburses her civilian employer  for  sick
leave paid and changes the sick leave  to  leave  without  pay,  this  would
enable her to collect incapacitation pay.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 7 September 1998, for review and response.  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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  In this  respect,  we  note  that
the applicant was denied incapacitation pay because she used sick leave  and
thus, could not demonstrate a loss of  civilian  income.   However,  if  the
applicant reimburses her civilian employer for sick leave paid  and  changes
the  sick  leave  to  leave  without  pay,  she  will  be  able  to  collect
incapacitation pay.  In view of this, and since the applicant  is  currently
unable to show a loss of civilian income, we find no  basis  upon  which  to
recommend favorable consideration of her request. Therefore, in the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  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 this application in  Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. Richard A. Peterson, Member
                  Mr. Walter J. Hosey, Member







The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 16 Jul 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.

      Exhibit C.  Letter, AFRC/DPM, dated 24 Aug 98.
      Exhibit D.  Letter, SAF/MIBR, dated 7 Sep 98.




             VAUGHN E. SCHLUNZ
                                        Panel Chair


Similar Decisions

  • AF | BCMR | CY2005 | BC-2001-00580A

    Original file (BC-2001-00580A.doc) Auto-classification: Denied

    The applicant’s complete review is at Exhibit K. _________________________________________________________________ ADDITIONAL HQ USAF/JAA EVALUATION: HQ USAF/JAA reiterates that the applicant’s original debt of $50,669.90 was reduced to $25,669.90 and, to the extent that his reconsideration request was for the repayment of this validly established debt owed to the US, it should be denied. DFAS summarizes the applicant’s indebtedness and adjustments thereto as follows: $50,669.90 Original...

  • ARMY | BCMR | CY2003 | 2003086016C070212

    Original file (2003086016C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that because his unit failed to process his Line of Duty (LOD) determination in a timely fashion to allow for the authorization of incapacitation pay, he was forced to receive advance sick leave from his civilian employer in order to survive financially. The record also confirms that the applicant was authorized to receive incapacitation pay as a result of the civilian income he lost in December 2000 and January 2001 based on this injury he received in the...

  • AF | BCMR | CY2000 | 0000132

    Original file (0000132.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00132 INDEX CODE: 108.01, 110.02, 122.01 COUNSEL: Mr. MICHAEL J. CALABRO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Not In Line of Duty (NLOD) determination be removed from his records; all documents and references pertaining to the NLOD determination be removed from his records; his request for transfer to the...

  • AF | BCMR | CY2003 | 0102970

    Original file (0102970.doc) Auto-classification: Denied

    On 25 April 1987, the applicant enlisted in the Air Force Reserve for a period of six years. The Air Force has indicated that the applicant has received incapacitation pay for the period 2 Nov 96 through 1 May 97. She has completed a total of 17 years, and 5 days of satisfactory Federal service as of her Retirement Year Ending (RYE) 22 July 2002.

  • AF | BCMR | CY1998 | 9701100

    Original file (9701100.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS NOV 0 41998 IN THE MATTER OF: DOCKET NUMBER: 97-01100 HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be restored to the grade of colonel (0-6) and that he be retired in that grade with all appropriate retirement pay retroactive to 1 December 1996. A complete copy of the Air Force evaluation is attached at Exhibit D. They recommend the applicant's request be denied. Mr. Vaughn E. Schlunz, Panel Chair Mr. Richard A....

  • AF | BCMR | CY2001 | 0002379

    Original file (0002379.doc) Auto-classification: Approved

    In support of his appeal, the applicant provided a statement from the Saint Francis Healthcare System of Hawaii, copies of his statements of earnings, several invoices, a certification for incapacitation pay, statements of lost wages, income tax form, medical documentation, and an AF Form 348, Line of Duty Determination. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...

  • ARMY | BCMR | CY2008 | 20080005128

    Original file (20080005128.txt) Auto-classification: Approved

    DFAS confirmed that the applicant is entitled to INCAP pay, reduced by the amount of earned income she received in her Federal civilian job for the period 9 February through 28 March 2006. Therefore, the applicant’s records should be corrected to show she applied for INCAP pay for the period 9 February through 28 March 2006; that her request was approved in a timely manner; and that she be paid INCAP pay for that period, reduced, if appropriate, by the amount she still owes as a result of...

  • AF | BCMR | CY2002 | 0101523

    Original file (0101523.doc) Auto-classification: Denied

    It was determined that applicant’s wife did not require a non-medical attendant and the applicant’s supervisor notified the applicant that he was not authorized to travel on the orders already cut but would be required to take leave. While applicant contends he did not know he was not authorized to use the orders, he did request leave in order to travel. The AFLSA/JAJM evaluation is at Exhibit C. HQ AFPC/DPPPE recommends the applicant’s request for removal of the referral OPR from his...

  • AF | BCMR | CY2013 | BC 2013 01298

    Original file (BC 2013 01298.txt) Auto-classification: Denied

    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. The remaining relevant facts pertaining to this...

  • AF | BCMR | CY2001 | 0000747

    Original file (0000747.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00747 INDEX CODE: 108.05 COUNSEL: DAV HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: She receive pay for the 6 years she spent on the Temporary Disability Retired List (TDRL) from 6 Jun 91 through 4 Jun 97; that her TDRL pay be non-taxable; she receive continued disability (incapacitation) pay; and, her records be...