RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01298
		COUNSEL:  NONE
	                      	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show that he was not required to use 
his civilian annual and sick leave for an injury that occurred 
while serving in Inactive Duty for Training (IDT) status.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He injured his right shoulder while performing IDT.  He believes 
his senior leadership took his injury lightly and did not follow 
procedures prescribed in Air National Guard Instruction 36-3001 
or Air Force Instruction 36-2910.  He should not have been 
required to use his civilian annual and sick leave for the days 
he was unable to work or had medical appointments.  

In support of his appeal, the applicant submits a personal 
statement, copies of medical records and numerous electronic 
communications in regard to his injury and leave status.  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Air National Guard (ANG) 
who was transferred to the Retired Reserve List, in the grade of 
staff sergeant (E-5), effective 9 July 2012.  He served 25 years, 
9 months, and 20 days of satisfactory service and is eligible to 
draw retired pay upon turning age 60.

On 26 June 2010, while serving with the Georgia ANG, the 
applicant injured his right shoulder while performing IDT duties.  
A Line of Duty (LOD) determination was completed on 1 September 
2010 by the Wing Appointing Authority.  

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the Air Force office of primary 
responsibility at Exhibit C.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFA/MEDCON recommends the applicant provide documentation 
(certified time card) highlighting the civilian leave he used and 
factual documentation pertaining to the recommended approval or 
denial of Incap Pay benefits to effectively determine the amount 
of time he had loss of income.  This amount should be offset by 
the amount paid out in annual and sick leave already paid.  

DPFA/MEDCON states that members, who are able to perform their 
military duties and return to their civilian job, are not 
continued on orders for LOD conditions; however, they may be 
eligible for Incapacitation (Incap) Pay.  Department of Defense 
Directive 1241.01, Reserve Component Medical Care and 
Incapacitation Pay for Line of Duty, authorizes medical and 
dental care an provides pay and allowances for members who 
demonstrate a loss of earned income as a result of an injury, 
illness, or disease incurred or aggravated in the line of duty.  

For medical continuation purposes, when members are able to 
perform their military and civilian duties, they are not 
considered incapacitated until or if they are scheduled for 
surgery.  The applicant’s surgery was scheduled several times but 
cancelled due to not being approved by Tricare, or approved for 
Incap Pay.  Delays in leadership responding to the applicant’s 
emails asking for assistance, the delays in submitting his LOD to 
Tricare, and the completion of the Incap Pay package appear to be 
the reason for multiple canceled surgeries and the start of the 
applicant’s Incap Pay.

Subsequent to his injury, the applicant informed his leadership 
that he needed surgery.  At this time he was informed of the 
Incap Pay program and the need to submit his LOD to the active 
duty Military Treatment Facility (MTF) for Tricare to approve and 
pay for his surgery.  Eligibility for Incap Pay requires the LOD 
to be completed.  The medical documentation related to the LOD 
condition is required for the process to be initiated.  The 
applicant indicated to his chain of command that he was not able 
to make a medical appointment until 13 July 2010.  The LOD was 
completed on 1 September 2010.  This would be the earliest the 
applicant would be eligible for Incap Pay pending all other 
requirements were met.  On the dates he indicated he had to leave 
his civilian job for medical appointments and the days he was 
unable to report for duty because of pain related to his LOD 
condition, his options were to either use his civilian leave 
(annual and sick time), or take leave without pay.  Had the 
applicant taken leave without pay, he would have had loss income; 
therefore, per DODD 1241.01, and his medical point of contact’s 
email, dated 23 February 2011, the applicant would have been 
eligible for Incap Pay.  

A complete copy of the DPFA/MEDCON evaluation, with attachment, 
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 23 August 2013 for review and comment within 30 days (Exhibit 
D).  As of this date, no response has been received by this 
office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took note of 
the recommendation from AFPC/DPFA/MEDCON and agree that in order 
to effectively determine the applicant’s loss of income, he must 
first submit documentation supporting his loss of civilian leave 
and/or pay and, provide documentation of his approval or denial 
of Incapacitation Pay benefits.  While it appears the applicant 
has indeed suffered an error or injustice, AFPC/DPFA/MEDCON has 
indicated there is an available avenue of administrative relief 
the applicant has not first pursued.  In view of this, we find 
this application is not ripe for adjudication at this level, as 
there exists a subordinate level of appeal that has not first 
been depleted.  However, if after exhausting the available avenue 
of administrative relief, the applicant believes his records are 
in error or unjust, he may request reconsideration.  .

_________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01298 in Executive Session on 7 January 2014, 
under the provisions of AFI 36-2603:

      		                   , Panel Chair
      		                   , Member
			                   , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-01298:

Exhibit A.  DD Form 149, dtd 12 Mar 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPFA/MEDCON, dtd 2 Aug 13, w/atch.
Exhibit D.  Letter, SAF/MRBR, dtd 23 Aug 13.




                    
Panel Chair

3