RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02714
INDEX CODE: 128.14
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be granted incapacitation pay for military gross income lost during the August – December 2006 timeframe since he was unable to participate in Unit Training Assemblies (UTA) and an Annual Tour (AT) due to a medical “4T” profile.
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APPLICANT CONTENDS THAT:
In February 2007, his unit lost his incapacitation pay paperwork and did not find it until after he retired in May 2008.
In support of his appeal, he has provided copies of a letter from the 917th MSF/DPMSC advising him that since he is retired, he must file an application with the AFBCMR to claim any entitlements owed; SO ACD-01105, which placed him on the Temporary Disability Retired List (TDRL) effective 22 May 2007; Civilian Leave and Earnings Statements (LES) for the Pay Periods ending 4 February 2006 through 1 February 2007; an AF IMT Form 1971, Certification for Incapacitation Pay, concerning his initial certification for incapacitation pay from 1 August 2006 to 5 December 2006; a Statement of Earned Income for the period 1 February 2006 to 31 July 2006, to include lost Military Income for missed UTAs and an AT; and numerous incapacitation pay supporting documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve unit program. On 22 May 2007, he was placed on the TDRL in the grade of technical sergeant (E-6) with a compensable percentage for physical disability of 30 percent. At the time of his placement on the TDRL, he had completed 17 years, 2 months, and 26 days of service for basic pay. His date of birth is 11 May 1970.
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AIR FORCE EVALUATION:
AFRC/A1B recommends denial as a decision to grant the relief sought would be in violation of Department of Defense Instruction (DODI) 1241.2, Reserve Component Incapacitation System Management.
DODI 1241.2 states the applicant must be able to demonstrate a loss of “Earned Income” as a basic requirement to qualify for incapacitation pay. Section E2, Enclosure 2, Definitions, defines “Earned Income” as “Income from nonmilitary employment, including self-employment.” The applicant has not demonstrated a loss of “Earned Income” and is therefore not entitled to incapacitation pay in that the associated lost earnings were purely from a military source, i.e., missed UTAs and an AT.
The AFRC/A1B evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 10 October 2008, for review and comment, within 30 days. However, as of this date, no response has been received by this office.
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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.
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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.
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The following members of the Board considered Docket Number BC-2008-02714 in Executive Session on 4 December 2008, under the provisions of AFI 36-2603:
Mr. Mr. Thomas S. Markiewicz, Chair
Ms. Michele M. Rachie, Member
Mr. Mark J. Novitski, Member, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 08, w/atchs.
Exhibit B. Letter, AFRC/A1B, dated 6 Oct 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 Oct 08.
THOMAS S. MARKIEWICZ
Chair
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