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AF | BCMR | CY2011 | BC-2010-02604
Original file (BC-2010-02604.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02604

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Incapacitation Pay (INCAP Pay) for the periods 29 Jul 09 to
28 Jan 10, 29 Jan 10 to 28 Jul 10, and 29 Jul 10 to 28 Jan 11.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to INCAP  pay  based  on  his  medical  condition  that
prevented him from working during the periods in question.

In support of his request, the applicant provides copies of documents
extracted from his military personnel and medical records.

The applicant's complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The records reflect the applicant is a traditional reservist who  was
diagnosed with depression which existed prior to service (EPTS).  His
depression was found to be service aggravated while on orders from  1
Oct o6 to 3 Jun 08.

The applicant submitted four applications for incapacitation pay  for
the periods 29 Jan 09 to 28 Jul 09, 29 Jul 09 to 28 Jan 10, 29 Jan 10
to 28 Jul 10 and 29 Jul 10 to 28 Jan 11.

The remaining relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate offices  of  the
Air Force, which is attached at Exhibit C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends approval of the applicant’s INCAP  Pay  extensions
for the periods 29 Jul 09 to 28 Jan 10, 29 Jan 10 to 28 Jul 10.   A1PS
notes the applicant supplied sufficient documentation associated  with
having a Line of Duty (LOD) Determination and extension of  INCAP  Pay
request.  A1PS further notes the extension request for the  period  29
Jul 10-28 Jan 11, should go through the current process as this  is  a
future extension request.  The applicant’s unit should use  the  INCAP
Pay guidance as provided by NGB/A1PS to process his INCAP Pay request.

The complete NGB/A1PS evaluation is at Exhibit C.

NGB/A1PS concurs with the NGB Subject Matter  Expert  (SME)  advisory,
and recommends relief be granted.

The complete NGB/A1PS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EALUATION:

A copy of the Air Force evaluations were forwarded to  the  applicant
on 3 Sep 10, for review and comment within 30 days.  As of this date,
no response has been received by this office.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an  error  or  an  injustice.   After  reviewing  the
documentation provided by the applicant, we believe  he  has  provided
sufficient evidence in support of his request for  Incapacitation  Pay
for the periods 29 Jul 09 to 28 Jan 10, 29 Jan 10 to 28 Jul 10, and 29
Jul 10 to 28 Jan 11.  Although, the Office of  primary  responsibility
did not recommend approval for Incapacitation Pay for  the  period  29
Jul 10 to 28 Jan 11, as it was a future event, they advised he  submit
a request for pay for this period  through  his  unit.   However,  the
Board considered and  recommended  approval  of  his  request  in  its
entirety since the period 29 Jul 10 to 28  Jan  11  was  no  longer  a
future event.
Therefore, in view of the above, we recommend his records be corrected
to the extent 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:

      a.  On 11 March 2009, he applied for incapacitation pay for  the
period 29 January 2009 to  28  July  2009,  and  his  application  was
approved by competent authority.

      b.  On 22 January 2010, he applied for  incapacitation  pay  for
the period 29 July 2009 to 28 January 2010, and  his  application  was
approved by competent authority.

      c.  On 7 June 2010, he applied for incapacitation  pay  for  the
period 29 July 2010 to  28  January  2011,  and  his  application  was
approved by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2010-02604 in Executive Session on 20 Jan 11 and 10 Mar 11, under  the
provisions of AFI 36-2603:


       , Panel Chair
       , Member
       , Member

All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Jul 10, w/atch.
      Exhibit B. Applicant's Military Personnel Records.
      Exhibit C. Letter, NGB/A1PS, dated 16 Aug 10.
      Exhibit D. Letter, NGB/A1PS, dated 23 Aug 10.
      Exhibit E. Letter, SAF/MRBR, dated 3 Sep 10.





                             Panel Chair







AFBCMR BC-2010-02604



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to     , be corrected to be corrected to show that:

            a.  On 11 March 2009, he applied for incapacitation pay
for the period 29 January 2009 to 28 July 2009, and his application
was approved by competent authority.

            b.  On 22 January 2010, he applied for incapacitation pay
for the period 29 July 2009 to 28 January 2010, and his application
was approved by competent authority.

            c.  On 7 June 2010, he applied for incapacitation pay for
the period 29 July 2010 to 28 January 2011, and his application was
approved by competent authority.





                                  Director
                                  Air Force Review Boards Agency












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