RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02068
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He acquire retirement points during the Incapacitation Pay
(INCAP Pay) period of 20 Oct 12 20 Apr 13.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
In 2012, he reinjured his left Achilles tendon which was
initially injured on 6 Nov 01. In Nov 01, it was torn and
repaired; then, in 2012, he reinjured it during official
training and now requests retirement points.
He was temporarily placed on INCAP Pay while waiting for his
Line of Duty (LOD) paperwork to be completed and was supposed to
have been placed on Medical Continuation (MEDCON) orders as soon
as the LOD was completed. The LOD was held up at the group
level for reasons he is unsure of; however, he was never
switched over to MEDCON.
In support of his appeal, the applicant provides a personal
statement; copies of an LOD, dated Mar 13; active duty orders
for the periods, 17 19 Oct 12; 29 Apr 12 23 Sep 12; Initial
LOD for the Nov 01 injury; AF Form 469, Duty Limiting Condition
Report, dated 12 Feb 13, and various other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on available records, the applicant was a member of the
New York Air National Guard (NYANG).
On 29 Apr 12, the applicant was recalled to Extended Active Duty
(EAD) under Title 32, USC § 502 (A). On 13 Jul 12, the
applicant reported to the Flight Medicine Clinic complaining of
a painful and swollen Achilles tendon. On 23 Sep 12, he was
released from EAD.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends denial, stating, in part, after reviewing
the request they note the applicant has supplied sufficient
documents associated with having a LOD and was restricted fr6m
military duty.
In accordance with the governing Department of Defense
Instruction, a member authorized pay and allowances shall not be
allowed to attend inactive duty training periods or to acquire
retirement points for performing inactive duty training.
There are two types of INCAP Pay;
The first, a Reserve component member who is unable to perform
military, due to an injury, illness, or disease incurred or
aggravated in the line of duty is entitled to full pay and
allowances, including all incentive and special pays to which
entitled, if otherwise eligible, less any earned income as
provided under 37 U.S.C.
The second is where a member is able to perform military duties
but demonstrates a loss of earned income as a result of an
injury, illness, or disease incurred or aggravated in the line
of duty. In this instance, a member is entitled to pay and
allowance but not to exceed the amount of the demonstrated loss
of earned income. This has been commonly referred to as INCAP
Pay.
The complete A1PS evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
He has been on Temporary Duty (TDY) orders and has not had
adequate time to prepare a response; however, he contacted the
medical group and found out that key members of the medical
group are TDY as well. He cannot provide any other supporting
documents in the time he has. He requests that his medical
group at his unit be contacted because they handled the bulk of
his LOD and INCAP paperwork. They will be the first to explain
that the length of time it took to procure the finished copy of
his LOD was unacceptable and of no fault of his own.
The applicant reiterates his original contentions and states
that he has been working hard toward his retirement and would
like to get the active duty points he deserves.
The applicants complete response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We note that
the applicant requests that his medical group be contacted for
additional evidence; however, the Board is not an investigative
body and the burden of proof in substantiating an error or
injustice rests with the individual applicant. Therefore, we
agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion the applicant has failed to sustain his
burden that he has suffered an error or an injustice.
Accordingly, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02068 in Executive Session on 4 Mar 14 and 5 Mar
14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 13, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, NGB/A1PS, dated 17 Jun 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 28 Jun 13.
Exhibit E. Letter, Applicant, dated 24 Jul 13.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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