RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01051
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be paid Incapacitation Pay, in behalf of her late husband,
for the period 1 October 2009 through 13 January 2010.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband was ill and had a disease; therefore, he should
have never been released from active duty orders on 30 September
2009 until a Line of Duty (LOD) determination was accomplished.
Based on his diagnosed disease, he should have been continued on
active duty orders with pay, or given incapacitation pay for the
period of time he was unable to work until his death.
In support of her appeal, the applicant provides copies of her
late husbands active duty orders, a medical memorandum, physical
profile, Informal LOD, Death Certificate, and a statement of his
civilian gross earnings.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel System, the applicant served
in the Air Force Reserve with a paydate of 27 March 1986. He was
progressively promoted to the rank of master sergeant with a date
of rank of 1 June 2007. His Point Service History closing on
27 March 2009 reflects he had 19 years of satisfactory Federal
service.
The remaining relevant facts, extracted from the applicants
service history, are contained in the Air Force evaluations at
Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/SGP recommends approval. SGP states the decedent was on
active duty orders from 13 April 2009 through 30 September 2009.
During this time period, he developed numerous symptoms
associated with adrenal carcinoma. No definite diagnosis was
made prior to the end of his orders. After his release from
active duty, he continued medical care and, on 23 December 2009,
a 7-8 centimeter adrenal mass was noted. An LOD determination
was initiated on 4 January 2010 and completed with a finding of
in the line of duty (ILOD) on 14 January 2010. Though the
decedent was not in a duty status when the condition was
diagnosed, based on symptoms, incubation period, and extensive
duty history in both 2008 and 2009, it was determined the
condition most likely was service connected. The decedent was
returned to active duty orders on 14 January 2010 and remained in
such status until his death on 29 January 2010. It is clear the
decedent was suffering from a severely debilitating condition
that was service connected and rendered him unfit for military
duty during the period being requested.
SGP indicates that in accordance with Department of Defense
Instruction 124.2, Reserve Component Incapacitation System
Management, the decedent should have been retained on medical
continuation orders. However, due to the complicated nature and
sudden onset of his condition, the LOD initiation that triggers
these benefits was delayed until after his initial release from
active duty.
The complete SGP evaluation is at Exhibit B.
AFRC/A1K recommends approval. A1K states that after a
comprehensive review of the available documentation, they
recommend the decedents spouse receive incapacitation pay for
the period 1 October 2009 through 13 January 2010.
The complete A1K evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 August 2010 for review and comment within 30 days
(Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice with respect to the
applicants request to extend her late husbands active duty
orders. The applicant was released from active duty prior to the
finding that his condition which, subsequently resulted in his
death, was found to be ILOD. Once his condition was determined
to be ILOD, he was returned to active duty until his death on
29 January 2010. We note the Air Force offices of primary
responsibility recommend granting the decedents widow
incapacitation pay for the requested period; however, we believe
it is more appropriate to correct the record to show the decedent
was not released from active duty on 30 September 2009, but was
continued on active duty through 13 January 2010. It is our
understanding that the award of back pay and allowances would be
subject to reduction of earned civilian income for the period
1 October 2009 through 13 January 2010. Based on the foregoing,
it is our opinion the decedents record should be corrected as
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that Reserve Order
Number D-01983, dated 28 April 2009, be amended in Block 15, Release Date, to reflect 20100113 rather than 20090930.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2009-04636 in Executive Session on 10 November 2010 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number BC-
2010-01051 was considered:
Exhibit A. DD Form 149, dated 6 Mar 10, w/atchs.
Exhibit B. Letter, HQ AFRC/SGP, dated 23 Apr 10.
Exhibit C. Letter, HQ AFRC/A1K, dated 16 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
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