RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00886
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to receive incapacitation pay for
missed UTAs from 3 Feb 07 to 2 Jun 07.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was briefed on 19 Jun 07 but was unable to file for incapacitation
pay because he was waiting on the final results of his In Line of Duty
Determination (ILOD). He did not receive the results until 3 May 07.
In support of his application, he submits an AF IMT 100, Request and
Authorization for Separation, a Memorandum to 917 WG/FM, and
documentation extracted from his medical records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records are unavailable. Data extracted
from the documentation submitted by the applicant reflects the
Secretary of the Air Force found him unfit for continued military
service and directed discharge with severance pay under 10 USC 1203 in
the grade of master sergeant. He was honorably discharged on 5 Jun 07.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1B recommends denial. A1B states Department of Defense
Instruction (DODI) 1241.2 states that members must demonstrate a loss
of earned income as a basic requirement to qualify for incapacitation
pay. Earned income is defined as income from nonmilitary employment,
including self-employment. The applicant has not provided
documentation to reflect a loss of earned income in accordance with
DODI.
AFRC/A1B's complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 Apr 08, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit C).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. After careful consideration
of the available evidence, we found no evidence provided by the applicant
which would show a loss of earned income as required for incapacitation
pay. Therefore, we agree with the opinion and the recommendation of the
Air Force office of primary responsibility and adopt its rationale as the
basis for our decision that the applicant has failed to sustain his
burden of proof that he has suffered either an error or an injustice. In
view of the above and absent 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-
2008-00886 in Executive Session on 16 Jul 08 under the provisions of AFI
36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2008-00886 was considered:
Exhibit A. DD Form 149, dated 3 Mar 08, w/atchs.
Exhibit B. Letter, AFRC/A1B, dated 1 Apr 08.
Exhibit C. Letter, SAF/MRBR, dated 18 Apr 08.
JAY H. JORDAN
Panel Chair
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