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AF | BCMR | CY2008 | BC-2008-00886
Original file (BC-2008-00886.doc) Auto-classification: Denied

                            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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