RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00106 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive Incapacitation Pay (INCAP Pay) for the period of 
19 May 09 to 14 Nov 09. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. While attending Officer Training School (OTS) he sustained an 
injury and was unable to perform his civilian duties until 
medically cleared on 19 Nov 09. 

 

2. He is entitled to INCAP Pay because he met all the 
requirements in accordance with (IAW) AFRCI 36-3004, Incapacitation Pay and Management of Reservists Continued on 
Active Duty. 

 

In support of his request, the applicant provides copies of AF 
Forms 1971, Certification for Incapacitation Pay; AF Form 348, Line of Duty (LOD) Determination; statements of gross earnings; 
statement of lost wages; and other documents in support of his 
application. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 3 Mar 09, the applicant, a former staff sergeant (SSgt) in 
the Air Force Reserves (AFR) entered the OTS program. 

 

On 17 Apr 09, a LOD determination was initiated because he 
injured his shoulder while negotiating an obstacle. On 
22 Apr 09, the applicant’s injury was determined to be In the 
Line of Duty (ILOD). 

 

On 19 May 09, the applicant was medically disenrolled due to the 
shoulder injury he sustained during training. Medical personnel 
determined his condition was recoverable within 180 days; 
therefore he was afforded a 180-day reinstatement option IAW AFI 


36-2013, Officer Training School and Enlisted Commissioning 
Programs (ECPS). 

 

On 20 May 09, the applicant was released from the AFR for 
failure to complete a commissioning or warrant program. He 
served 2 months and 17 days in the OTS program. 

 

The applicant submitted six applications for incapacitation pay 
for the periods 27 May 09 to 27 Jun 09; 27 Jun 09 to 27 Jul 09; 
27 Jul 09 to 27 Aug 09; 27 Aug 09 to 27 Sep 09; 27 Sep 09 to 
27 Oct 09; and 27 Oct 09 to 14 Nov 09. 

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFRC/A1K recommends denial. AFRC/A1K states after reviewing 
the documentation provided by the applicant he has failed to 
provide a completed AF IMT 348 with a recommendation and 
signature from the appointing authority; an AF IMT 469, Duty 
Limiting Condition Report which supports the requested INCAP Pay 
period; and the employer income statement(s) which support the 
requested INCAP Pay period. The employer income statement(s) 
that were provided failed to provide information on whether the 
member has received income through sick leave. 

 

The complete A1K evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states this is the fourth time he has provided the 
information for his case, which has been an ongoing headache 
since Jun 09. Through no fault of his own, his case has not 
been settled, and he has been prompt in providing the requested 
information. The supporting documentation not only provides 
adequate proof of the injury but shows the financial hardship he 
has been placed in for the last two years. The entire 
experience has been less than professional and has left him with 
ill feelings towards the Air Force Reserves. 

 

The applicant’s complete submission, with attachments, is at 
Exhibits E and F. 

 

_________________________________________________________________ 

 

 

 


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 error or injustice to warrant 
partial relief. The evidence of record indicates the applicant 
was injured while training at Officer Training School (OTS) and 
a determination was made that his injuries were in the line of 
duty. The Air Force office of primary responsibility recommends 
disapproval due to the applicant’s failure to provide a 
completed AF IMT 348 with a recommendation/signature from the 
appointing authority and an AF IMT 469 which supports the INCAP 
Pay period. The OPR also states that the employer income 
statement(s) he provides fail to provide information on whether 
the member has received income through sick leave. However, 
after a careful review of the evidence of record, we note the 
applicant has provided six AF Forms 1971, Certification for 
Incapacitation Pay, all signed by the treating physician, unit 
commander, staff judge advocate and wing commander recommending 
approval of his request for INCAP Pay from 27 May 09 through 14 
Nov 09. Furthermore, the applicant has provided sworn 
statements from his place of employment certifying he did not 
receive any earned income to include pay for sick leave. As 
such, we believe the evidence provided by the applicant 
establishes reasonable doubt as to his entitlement to INCAP Pay 
and to deny the applicant’s request under the circumstances 
would constitute a possible injustice. Consequently, we believe 
any doubt in this matter should be resolved in his favor. While 
the applicant requests INCAP pay for the period 19 May 09 to 
14 Nov 09, all the AF Forms 1971 he provides reflect 27 May 09 
as the initial incapacitation date, therefore, we find no basis 
to recommend a 19 May 09 effective date. Therefore, we 
recommend his records 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 competent 
authority approved incapacitation pay effective 27 May 2009 to 
14 November 2009. 

 

________________________________________________________________ 

 

 

 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-00106 in Executive Session on 3 November 2011, 
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 30 November 2010, 

 w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. AFRC/A1K, Letter, dated 10 March 2011. 

 Exhibit D. SAF/MRBR, Letter, dated 8 April 2011. 

 Exhibit E. Applicant’s Rebuttal, Letter, dated 

 21 April 2011, w/atchs. 

 Exhibit F. Applicant’s Rebuttal Letter, dated 12 July 

 2011. 

 

 

 

 

 

 Panel Chair