RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00776
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receives Incapacitation Pay (INCAP Pay) effective 21 Jun
through 27 Sep 13.
APPLICANT CONTENDS THAT:
Due to administrative issues beyond his control, his request for
INCAP Pay was not processed prior to his permanent disability
retirement.
He was receiving INCAP Pay prior to 21 Jun 13 for his service
connected injury; however, the INCAP Pay request for the period
of 21 Jun to 27 Sep 13 was not processed prior to his retirement
on 27 Sep 13.
The Medical Evaluation Board (MEB) recommended he be retired
with 40 percent disability effective 27 Sep 13.
He has been unemployed since incurring the service connected
injury.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant was a member of the Missouri Air National Guard
(ANG).
According to an AF IMT 348, Line of Duty Determination, dated
1 Dec 10, the applicant incurred an in the Line of Duty (LOD)
injury on 16 Jun 10.
According to an AF Form 469, Duty Limitation Conditions Report,
dated 15 Aug 11, the applicant was undergoing an MEB and was
restricted from active duty for training, deployments,
mobilization and Temporary Duty (TDY) assignments.
According to an AF Form 1971, Application for Incapacitation
Pay, dated 20 Jun 13, the applicant requested he be approved for
INCAP Pay for the period of 21 Jun to 18 Dec 13.
According to Special Order ACD-03058 dated 16 Aug 13, the
applicant was permanently retired effective 28 Sep 13 with a
compensable percentage for physical disability of 40 percent.
He was credited with 13 years, 10 months and 4 days of active
duty service for basic pay.
AIR FORCE EVALUATION:
NGB/A1P recommends approval of the applicants request for INCAP
Pay for the period of 21 Jun to 27 Sep 13 and concurs with the
A1PS Subject Matter Experts advisory. The applicants physical
restrictions for his medical condition prevented him from
performing his military duties. In Accordance With (IAW) DoDI
1241.2, Reserve Component Incapacitation Benefits, dated 30 May
01, a Reserve component member who is unable to perform military
duties, as determined by the Secretary concerned, due to an
injury, illness or disease incurred or aggravated in the LOD 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. and DoDI 7000.14-R,
Financial Management Regulation, Volume 7A reference (d). The
applicant has supplied sufficient documentation associated with
having a LOD determination with approved dates of 1 Dec 10 and
AF Form 469, Duty Limitation Conditions Report, for the period
of 28 Nov 12 through 28 Nov 13.
A complete copy of the A1P 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 24 Nov 14 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 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. We took
notice of the applicant's complete submission in judging the
merits of the case and 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 been
the victim of an error or injustice. Therefore, we recommend
the applicant's records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
entitled to receive Incapacitation Pay for the period of 21 Jun
to 27 Sep 13.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00776 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary was considered:
Exhibit A. DD Form 149, dated 8 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1P, undated, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.
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