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).  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

While on extended active duty, in Jul 10, he injured his back 
and was released from active duty; however, he should have 
remained on active duty until his medical condition was 
resolved.

He questioned why he was taken off orders and was told that no 
one had picked up the days, so he had to be placed in an INCAP 
Pay status.  For the next 18 months he had to provide all 
medical information to the clinic and have his doctors fill out 
forms monthly in order to get paid.  

His biggest complaint is that while he was in INCAP Pay status 
he did not receive any retirement points.

In support of his appeal, the applicant provides a personal 
statement; active duty orders for the period, 2 Jun – 26 Sep 10; 
Command Man-Day Allocation System (CMAS) Request Summary; 
AF Form 348, Line of Duty Determination (LOD), dated 6 Oct 10; 
MEDCON orders for the period, 2 Apr – 1 Jun 12; Duty Limiting 
Condition Report, dated 12 Feb 13, and various other supporting 
documents.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was a member of the West Virginia Air National 
Guard (WVANG).  

On 2 Jun 10, the applicant was recalled to Extended Active Duty 
(EAD) under Title 10, USC §12301(d).  On or about (o/a) 1 Jul 
10, the applicant was moving construction materials (unloading a 
door from the back of a pickup truck and moving a railroad tie) 
when he hurt his back.  The military medical provider, at Wake 
Island, initially identified it as a pulled muscle.  O/a, 24 Jul 
10, the medical provider noticed worsening symptoms and 
significant tenderness in the applicant's lower back and 
recommended a referral evaluation be conducted at Hickam AFB.  
On 26 Sep 10, the applicant was released from active duty.

On 1 Aug 11, the applicant received INCAP Pay until on or about 
27 Mar 12.  

On 2 Apr 12, the applicant was placed on EAD to have his 
conditions considered through the Integrated Disability 
Evaluation System (IDES).  

On 17 Jul 12, the applicant’s request for relief, dated 19 Apr 
12, was received.

On 19 Dec 12, the applicant’s request was administratively 
closed advising him that he had not exhausted his administrative 
remedies.

On 11 Jun 13, the applicant requested his application be 
reopened.  He reiterates his original contentions to receive 
active duty points rather than INCAP Pay and states that his 
previous requests for MEDCON had been denied.  

He notes that the governing DoD instructions authorizes a 
Reserve member who injures him/herself on active duty, while on 
orders of 31 days or more “who incurs or aggravates an injury, 
illness, or disease in the line of duty shall, with the members 
consent, be continued on active duty upon the expiration of call 
or order to active duty until the member is determined fit for 
duty or the member is separated or retired as a result of a DES 
determination.”

On 28 Jun 13, the applicant was released from EAD and the WVANG, 
by reason of retirement disability, permanent, in the grade of 
master sergeant.  

On 29 Jun 13, the applicant was permanently disability retired 
with a compensable disability rating of 40 percent.  He was 
credited with 27 years, 10 months, and 9 days of service for 
basic pay.

Due to the conflicting documentation in the applicant’s record 
between the available records and the Military Personnel Data 
System (MilPDS), the Air Reserve Personnel Center (ARPC) will 
administratively correct the applicant’s record to reflect that 
he was on EAD from 2 Apr 12 – 28 Jun 13.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFMOA/SGHI recommends the applicant’s request for retirement 
points for the period 27 Sep 10 to 1 Apr 12 be approved.  The 
records should be corrected to show his MPA orders were extended 
by up to 30-days to initiate an LOD determination and AF Form 
469, Duty Limiting Condition Report, when further medical 
evaluation was warranted, as set forth in AFI 48-123, Medical 
Examinations and Standards.

The complete SGHI evaluation is at Exhibit C.

NGB/A1P concurred with the Subject Matter Expert (SME) and did 
not make a recommendation.  Since it was unclear whether MEDCON 
was actually denied, A1PS advised that the applicant should 
contact his unit Medical Group and forward the required 
documents for "Initial" MEDCON orders to the Air Reserve 
Component Case Management Office so that his MEDCON eligibility 
could be validated.  

The SME noted that a review of the contents revealed that the 
applicant’s LOD was determined to be “In the Line of Duty.”· 
There were no further medical records for review in this 
application.  To date, no medical treatment records or duty 
restriction documentation has been forwarded or received for 
review by NGB/SGPF. 

On 10 Jun 11, NGB/SGPF received a request for INCAP Pay and 
again on 20 Oct 11, both requests were endorsed.  On 27 Mar 12, 
a request for MEDCON orders was routed to NGB for consideration.  
The Military Personnel Appropriation (MPA) Management Office 
(MMO) reviewed the request for eligibility and MEDCON was 
approved through 09 Nov 12 by the Air Force Medical Operations 
Agency (AFMOA).

The complete A1P evaluation, with attachment, is at Exhibit D.

AFPC/DPFA did not make a recommendation, noting that there were 
not enough facts to determine if a mistake, error or unjust 
action occurred as a result of determining eligibility or 
validation for MEDCON.  DPFA noted that the applicant had a 
valid line of duty determination which would have authorized 
access to care through the Department of Defense (DoD) Military 
Treatment Facilities (MTFs).  The applicant was authorized and 
approved for INCAP Pay by NGB/A1 based on injuries sustained 
during Title 10 service.  He was also placed on MEDCON orders 
while recently undergoing review within the IDES.  

The complete DPFA evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Since the application was previously closed, copies of the Air 
Force evaluations were not forwarded to the applicant until 
19 Sep 13 for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit 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 warranting 
corrective action.  According to SGHI, the applicant had a Line 
of Duty (LOD) initiated on 1 July 2010 which was subsequently 
approved by his wing commander on 8 Oct 10.  However, contrary 
to established guidance dictating that he remain in an active 
duty status until his medical condition was resolved he was 
placed in an INCAP Pay status and therefore did not receive the 
appropriate retirement points.  Therefore, we recommend that he 
be placed on medical continuation orders for the period 27 Sep 
10 to 1 Apr 12, rather than being in an INCAP status.  We note 
that based on the recommended corrections to his record, any 
back pay may be offset by any INCAP or active duty pay he 
received.  Accordingly, we recommend his 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 for the 
period 27 September 2010 through 1 April 2012, he was placed on 
active duty, for the purposes of medical continuation in 
accordance with Title 10, U.S.C. §12301(h), rather than 
authorization for incapacitation pay.

________________________________________________________________



The following members of the Board considered AFBCMR Docket 
Number BC-2012-03094 in Executive Session on 15 May 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  
Although Ms. O’Sullivan chaired the panel, in view of her 
unavailability, Mr. Barany has signed as Acting Panel Chair. The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Apr 12, w/atchs. 
    Exhibit B.  Applicant’s Available Master Personnel Record.
    Exhibit C.  Letter, AFMOA/SGHI, dated 13 Sep 12.
    Exhibit D.  Letter, NGB/A1PS, dated 1 Oct 12, w/atch.
    Exhibit E.  Letter, AFPC/DPFA, dated 22 Jul 13.
    Exhibit F.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   Acting Panel Chair