RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02379
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was entitled to
incapacitation pay for the period 15 Apr 96 to 27 Apr 96, in the
amount of $1,325.16.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His incapacitation pay package was returned several times for
additional documents. He was given poor guidance which added to
delays. He has not received any pay for his civilian wage losses.
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.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the Air
Force Reserve in the grade of staff sergeant, having been promoted to
that grade on 29 Mar 84. He was credited with 23 years of
satisfactory federal service for retirement.
Available documentation indicates that the applicant was on a Unit
Training Assembly (UTA) weekend from 11 Mar 95 to 12 Mar 95. On 11
Mar 95, the applicant was at the 704 Civil Engineering Squadron (CES),
Hickam AFB, HI, parking lot. He was getting his mobility bag out of
his truck and hit his face by the door. He suffered a nasal fracture
with left assymetry, and a small laceration to his nose. A
determination was made that the applicant’s injuries were in the line
of duty (LOD).
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Division, AFRC/DPM, reviewed this application
and recommended denial. According to DPM, incapacitation pay
applications must contain all documentation as outlined in AFRCI 36-
3004, Incapacitation Pay and Management of Reservist Continued on
Active Duty Orders, Table A2.1. They have contacted the applicant on
several occasions to obtain necessary documentation to support his
request. He has not provided the necessary documentation.
A complete copy of the DPM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 2 Feb
01 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. The evidence of record
indicates that the applicant was injured during a weekend UTA and a
determination was made that his injuries were in the line of duty. He
now requests his records be corrected to reflect that he was entitled
to incapacitation pay. After a thorough review of the governing
instruction and the evidence presented in support of the applicant’s
appeal, we are of the opinion that the applicant has provided the
necessary and appropriate documentation to sustain his burden that he
has been the victim of an error or injustice. Therefore, we recommend
that 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 APPLICANT, be corrected to show that on 2 Nov 97,
competent authority determined that because of his injuries of a nasal
fracture with left assymetry, and a small laceration to his nose, he
was incapacitated for worldwide duty for the period 15 Apr 96 through
27 Apr 96, and that he was entitled to pay and benefits by law based
on the certification of his incapacitation by a medical officer.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 11 Apr 01, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mrs. Carolyn J. Watkins, Member
Mr. Clarence D. Long III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPM, dated 4 Jan 01.
Exhibit D. Letter, SAF/MIBR, dated 2 Feb 01.
BARBARA A. WESTGATE
Chair
AFBCMR 00-02379
MEMORANDUM FOR THE CHIEF OF STAff
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 2 Nov 97, competent
authority determined that because of his injuries of a nasal fracture
with left assymetry, and a small laceration to his nose, he was
incapacitated for worldwide duty for the period 15 Apr 96 through 27
Apr 96, and that he was entitled to pay and benefits by law based on
the certification of his incapacitation by a medical officer.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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