RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00540
INDEX CODE: 108.03, 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive incapacitation pay (C-Pay) for missed Unit Training Assessments
(UTAs).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to file for C-Pay because he was waiting on final results of
his In Line of Duty (ILOD) determination.
In support of his request, applicant provided a personal statement and
documentation extracted from his military personnel and medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently retired from the Air Force Reserve.
An AF Form 422 (Physical Profile Serial Report) profile, dated 13 May 2005,
placed him in an unqualified world-wide duty status.
An AF Form 348 (Informal Line of Duty Determination), dated 7 November
2005, states that the applicant said he injured himself while deployed to
Guam while loading munitions. The applicant did not notify anyone until
approximately 2 months after returning home and having surgery on his upper
neck. He has had a previous condition and surgery in the same area
affected from this incident due to a degenerative condition. The Staff
Judge Advocate (SJA) non-concurred with the recommended findings stating it
Existed Prior to Service (EPTS)-service aggravated. The appointing
authority’s decision concurred with the SJA.
An AF Form 356 (Informal Findings and Recommended Disposition of USAF
Physical Evaluation Board) (IPEB), dated 19 January 2007, recommended
permanent retirement at a 40 percent compensable rate. The Board stated
his medical condition, which is not likely to change over the next several
years, prevents him from reasonably performing the duties of his office,
grade, rank, or rating. The IPEB found him unfit and recommended permanent
retirement with a disability rating of 40 percent IAW Veterans
Administration Schedule for rating disabilities guidelines. The Board
noted that postoperatively his neurosurgeon stated that he had no neck pain
and his cervical (neck) range of motion was normal.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/A1BB recommends denial. A1BB states that IAW DODI 1241.2, Reserve
Component Incapacitation System Management; the member must demonstrate a
loss of Earned Income as a basic requirement to qualify for C-Pay. Section
E2, Enclosure 2, defines Earned Income as income from non-military
employment, including self-employment. The applicant has not demonstrated
a loss of Earned Income and therefore is not entitled to C-Pay in that the
associated lost earnings were purely from a military source, i.e., missed
UTAs, Annual Tours, etc. A decision to grant this request would be in
violation of DODI 1241.2.
The complete AIBB evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13
June 2008 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 took notice of the applicant's
complete submission in judging the merits of the case; however, 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 that
the applicant has not been the victim of an error or injustice. 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 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 AFBCMR Docket Number BC-2008-
00540 in Executive Session on 24 July 2008, under the provisions of AFI 36-
2603:
Ms. BJ White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 08, w/atchs.
Exhibit B. Letter, AFRC/A1BB, dated 20 May 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 13 Jun 08.
BJ WHITE-OLSON
Panel Chair
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