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.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the mishandling of her application for an extension of
her INCAP pay, she was denied resolution, approval and payment
prior to her retirement. She needs help to rectify this
injustice and error for pay she is entitled due to her active
duty combat-related injury. She was told that since she is
retired her application for an extension of her INCAP pay could
not be processed.
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 signature date of 4 Nov 12,
AF IMT 348, Line of Duty Determination, AF Form(s) 469, Duty
Limiting Condition Report, financial entitlements statement,
income protection statement, employee/employer release
statements, in-place deployment Special Order A-G000078, for the
period from 5 Feb 10 through 22 Feb 10 (18 WK-DY), Special Order
ACD-03696, for disability retirement, effective 28 Oct 12,
dated 11 Sep 12, and documents pertaining to the processing of
her INCAP pay application.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
1. According to documents extracted from the Air Force
Automated Records Management System (ARMS), the applicant is a
former member of the Air National Guard (ANG) who enlisted on
14 September 1985. She was progressively promoted to the grade
of Master Sergeant (MSgt) E-7, having assumed that grade
effective and with date of rank of 2 April 2006. The applicant
was relieved from active duty on 27 October 2012 and permanently
disability retired on 28 October 2012, with a compensable
percentage for physical disability of 50 percent.
On 20 March 2010, a Line of Duty Determination was initiated.
The recommended finding was In Line of Duty (ILOD) and reflected
that the applicant was participating in a training exercise at a
base of assignment when, during a mock attack, she was rescued
by a fellow airman who picked her up in his arms and ran with
her. He stumbled and fell while holding her and upon impact,
the applicant injured her head and back. The applicant was
wearing her Kevlar helmet. She was transported to the county
medical center, treated and sent back home for further
treatment.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/SGPF recommends approval. SGPF states they received the
applicants request for incapacitation pay on 28 January 2013,
and it was returned to the unit as an incomplete package since
it did not indicate if the request was an initial request or an
extension of INCAP pay. On 13 February 2013, NGB/SGPA received
an inquiry from NGB/A1 regarding the applicants request for
back pay of INCAP pay due to a Line of Duty injury and
recommended approval of the INCAP extension for the period of 9
February 2012 through 27 October 2012.
The complete NGB/SGPF evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 31 March 2014, for review and comment within
30 days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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. After
considering the totality of the evidence before us, and noting
the approval recommendation from NGB/SGPF, we believe relief is
warranted in this case. Sufficient evidence has been provided
which substantiates the applicant incurred a loss of civilian
income because of injuries that occurred in the line of duty,
and is eligible for incapacitation pay. Therefore, we recommend
the applicants record 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 her request for incapacitation pay for the
period 9 February 2012 through 27 October 2012.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 13 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-00920 was considered:
Exhibit A. DD Form 149, dated 15 February 2013, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, NGB/SGPF, dated 18 March 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 31 March 2014.
Panel Chair
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