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
AF | BCMR | CY2013 | BC-2013-00795
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00795 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: He receive Incapacitation Pay (INCAP Pay) for the period of 26 Sep 11 to January 2012. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is...
AF | BCMR | CY2013 | BC 2013 03094
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03094 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive retirement points for the period 27 Sep 10 through 1 Apr 12 rather than Incapacitation Pay (INCAP Pay). In support of his appeal, the applicant provides a personal statement; active duty orders for the period, 2 Jun 26 Sep...
AF | BCMR | CY2010 | BC-2010-04612
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04612 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to medical continuation on extended active duty (EAD) from 1 October 2009 through 19 November 2010. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends approval, stating,...
AF | BCMR | CY2014 | BC 2014 02213
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02213 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive incapacitation (ICAP) pay for the period 6 May 12 until 28 Sep 13. As the evidence indicates that the applicant was unfit for military duty during the period in question, as evidenced by his permanent retirement for physical disability at the end of said period, we believe the evidence is sufficient to...
AF | BCMR | CY2014 | BC 2014 00776
The Medical Evaluation Board (MEB) recommended he be retired with 40 percent disability effective 27 Sep 13. According to an AF Form 1971, Application for Incapacitation Pay, dated 20 Jun 13, the applicant requested he be approved for INCAP Pay for the period of 21 Jun to 18 Dec 13. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was entitled to receive Incapacitation Pay for the period of...
AF | BCMR | CY2011 | BC-2011-03992
In this respect, we note the applicant was on active duty orders in support of Operation ENDURING FREEDOM and was diagnosed with a medical injury. While the applicant requests continuation of his active duty orders for the period 18 Jun 11 to 9 Sep 11, we concur with the recommendation of AFMOA/SGHI to correct the record to reflect the applicant was retained on active duty orders for the period 19 Jun 11 to 27 Jul 11. ________________________________________________________________ THE...
AF | BCMR | CY2012 | BC-2012-02493
AFBCMR BC-2012-02493 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend that: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to...
AF | BCMR | CY2013 | BC 2013 00920
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00920 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She receives Incapacitation (INCAP) Pay, for the period 9 February 2012 through 28 October 2012. In support of her request, the applicant submits copies of her letter of request for INCAP pay dated 31 Aug 12, with application for INCAP pay with final...
AF | BCMR | CY2010 | BC-2010-03001
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03001 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive a retroactive per diem waiver for the period 29 April 2010 through 28 June 2010. SAF/MRM approved a per diem waiver for the applicant for the period 29 June 2010 through 27 August 2010. The remaining relevant facts pertaining to this...
AF | BCMR | CY2011 | BC-2011-03852
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03852 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment/Mobilization Respite Absence (PDMRA). ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS concurs with A1PR and recommends denial of the applicants stated request for the...