IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150009808
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his military records be corrected to show his entitlement for incapacitation (INCAP) pay for the period 8 March 2010 to 8 March 2012.
2. The applicant states
* he started the process for INCAP pay back in 2010
* in a memorandum from the Headquarters, Department of the Army (HQDA) Deputy Chief of Staff (DCS), G-1, dated 27 January 2015, he was approved for the period 10 March 2010 to 30 June 2010
* in order to receive INCAP pay for the entire period claimed, he had to provide additional paperwork
* he had provided that paperwork with his current request to the Board and he requested it be provided to HQDA, DCS, G-1
3. The applicant provides:
* two DA Forms 1559 (Inspector General Action Request), dated 8 August 2011 and 20 September 2012, respectively
* memorandum, dated 27 January 2015, addressed to the applicant from HQDA, DCS, G-1, subject: Approved of Incapacitation Pay from 10 March 2010 to 30 June 2010
* memorandum, dated 15 November 2012, addressed to the U.S. Army Reserve (USAR) Pay Center from Headquarters, 99th Regional Support Command (RSC), subject: Authorization for Payment of Incapacitation Pay
* DD Form 149 (Application for Correction of Military Record under the provisions of Title 10, U.S. Code, Section 1552), dated 22 October 2014
* one page of email correspondence, dated 13 November 2014, between Army Review Boards Agency (ARBA) and the 99th RSC
* letter, dated 11 February 2015, from ARBA addressed to the applicant
CONSIDERATION OF EVIDENCE:
1. The applicant's records show, after having prior service in both the Regular Army and the U.S. Army Reserve (USAR), he enlisted in the USAR on 3 August 1998.
2. On 27 December 2011, a physical evaluation board (PEB) determined the applicant was unfit for continued military service by reason of physical disability. They recommended permanent disability retirement with a disability rating of 70 percent. On 6 January 2012, the applicant concurred and waived his right to a formal hearing.
3. Orders Number D 033-03, dated 2 February 2012, issued by the U.S. Army Physical Disability Agency, showed the applicant was placed on the Permanent Disability Retired List effective 8 March 2012 with a disability rating of 70 percent.
4. On 22 October 2014, he submitted a DD Form 149 requesting to receive INCAP pay for the period 8 March 2010 to 8 March 2012.
5. In response to a request for an advisory opinion, the DCS, G-1 provided a memorandum, dated 27 January 2015, which was addressed to the applicant. It essentially stated:
* on 22 October 2014, the applicant filed a DD Form 149 requesting INCAP pay from 8 March 2010 to 8 March 2012
* as of the date of this memorandum, only the period 10 March 2010 to 30 June 2010 could be approved
* in order to receive INCAP for the period 1 July 2010 to 8 March 2012, he would have to submit additional documents (the letter enumerated those documents)
6. In another advisory opinion, dated 27 August 2015, the DCS, G-1 stated the applicant had provided the requested documents. As a result, his request for INCAP for the period 8 March 2010 to 8 March 2012 was approved. A copy of this advisory opinion was sent to the applicant but he did not respond.
7. Army Regulation 135-381 (INCAP of Reserve Component (RC) Soldiers) prescribes policies and procedures for INCAP pay.
a. The objective of the RC INCAP System is to compensate members of the RC who are unable to perform military duties and/or who demonstrate a loss in civilian earned income as a result of an injury, illness, or disease incurred or aggravated in the line of duty.
b. INCAP pay will be paid only during the period a member remains unfit for military duty or demonstrates a loss of earned income as a result of the incapacitation.
c. the member's entitlement to healthcare and pay and allowances under this regulation will terminate on the date that the member is separated or retired.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show entitlement to INCAP pay.
2. The available evidence shows that the applicant met the eligibility criteria for receipt of incapacitation pay during the period 8 March 2010 to 8 March 2012, as evidenced by the HQDA, DCS, G-1 advisory opinion.
3. In view of the above it would be equitable to correct the applicants records to show his entitlement to incapacitation pay for the period from 8 March 2010 to 8 March 2012, and to pay him all monies due.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the applicants claim for incapacitation pay from 8 March 2010 to 8 March 2012 was submitted, processed, and approved in a timely manner; and
b. paying the applicant all due incapacitation pay as a result of the above correction.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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