RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02213
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive incapacitation (ICAP) pay for the period 6 May 12 until 28 Sep 13.
APPLICANT CONTENDS THAT:
He remained disabled through his medical retirement on 28 Sep 13, but his ICAP pay terminated on 5 May 12. According to ANGI 36-3001, Incapacitation Pay, he remained eligible to receive ICAP pay during this time period.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
During the matter in question the applicant was serving in the Air National Guard (ANG) in the grade of Senior Airman (E-4).
On 1 Nov 10, the applicant was ordered to active duty.
On 16 Jan 11, the applicant sustained a back injury while performing in a field exercise.
On 19 Mar 11, a line of duty (LOD) determination was initiated to evaluate the applicants back injury for service connection.
On 28 Jun 11, the applicants injuries were found to be in the LOD.
On 4 Nov 11, the applicant was released from active duty.
On 5 Nov 11, according to documentation submitted by the applicant, he commenced incapacitation pay.
On 5 May 12, according to documentation submitted by the applicant, his INCAP pay ceased.
On 29 May 13, the informal physical evaluation board (IPEB) found the applicant unfit for duty, issuing him a combined compensable disability rating of 50 percent for the following category I unfitting conditions which are compensable and ratable: 1) herniated intervertebral disc L5-S1, 2) left radiculopathy, 3) right radiculopathy.
On 28 Sep 13, the applicant was permanently disability retired, with a compensable disability rating of 50 percent, having served 2 years, 3 months, and 2 days of active service.
AIR FORCE EVALUATION:
NGB/A1PS recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. After reviewing all documents pertaining to the applicants request, it is apparent that the applicants physical restrictions related to his medical condition prevented him from performing his military duties. In accordance with DODI 1241.2, Reserve Component Incapacitation System Management, the applicant is entitled to INCAP pay 6 May 12 through 27 Sep 13.
A complete copy of the NGB/A1PS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit E). 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. As the evidence indicates that the applicant was unfit for military duty during the period in question, as evidenced by his permanent retirement for physical disability at the end of said period, we believe the evidence is sufficient to conclude that the applicant should have been able to continue to receive incapacitation pay until his processing through the disability evaluation system (DES) was concluded. 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 is entitled to incapacitation pay for the period 6 May 2012 through 27 September 2013.
The following members of the Board considered AFBCMR Docket Number BC-2014-02213 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02213 was considered:
Exhibit A. DD Form 149, dated 26 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1PS, dated 1 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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