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AF | BCMR | CY2008 | BC-2008-00540
Original file (BC-2008-00540.DOC) Auto-classification: Denied

                            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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