RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04084
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She receives Incapacitation (INCAP) Pay, for the period of
2 December 2009 through 1 April 2010.
________________________________________________________________
APPLICANT CONTENDS THAT:
She believes the record to be in error and unjust because the
dates on record do not reflect the full duration of her
incapacitation and she has not received INCAP pay.
In support of her request, the applicant submits copies of her
AF IMT 348, Line of Duty Determination, report of medical
evaluation letter dated 29 November 2005, statements of earned
civilian income, and email correspondence pertaining to 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) and the Military
Personnel Database System (MilPDS), the applicant is a former
member of the Air Force Reserve who enlisted on 24 July 1989,
was progressively promoted to the grade of Master Sergeant
(MSgt) E-7, and was relieved from active duty on
27 September 2010 and permanently disability retired on
28 September 2010, with a compensable percentage for physical
disability of 40 percent.
2. The applicant originally submitted her request for
correction of her record to approve incapacitation pay for lost
wages from 2 December 2009 through 1 April 2010, to the AFBCMR
on 3 October 2011. The Air Force office of primary
responsibility reviewed her request and determined that she had
not exhausted her administrative remedies for requesting
incapacitation pay in accordance with AFI 36-2603, Air Force
Board for Correction of Military Records (AFBCMR) paragraph 3.3.
On 14 June 2012, the applicant was sent a memorandum, which
directed that her application be returned without further
action.
________________________________________________________________
AIR FORCE EVALUATION:
ARFRC/A1K recommends approval. A1K states that the applicants
assertion that she is eligible for incapacitation pay due to
injuries received that were determined to be in the line of duty
(ILOD) have been validated. They further state that the
applicant has submitted all the necessary documentation and
meets the requirements for entitlement to incapacitation pay
outlined in AFRCI 36-3004, Incapacitation Pay and Management of
Reservist Continued on Active Duty Orders, and DoDI 1241.2,
Reserve Component Incapacitation System Management, paragraph
6.2.1.1, which is full pay and allowances minus earned income.
The complete AFRC/A1K 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 3 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 error or injustice. After
considering the totality of the evidence before us, and noting
the approval recommendation from AFRC/A1K, we are persuaded that
relief is warranted in this case. We agree with their
recommendation and adopt the rationale expressed as the basis
for our decision that the applicant has been the victim of
either an error or an injustice. 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 and
allowances, for the period 2 December 2009 through 1 April 2010.
________________________________________________________________
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-2013-04084 was considered:
Exhibit A. DD Form 149, dated 11 June 2013, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 24 February 2014.
Exhibit D. Letter, SAF/MRBR, dated 3 March 2014.
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