RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01051 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be paid Incapacitation Pay, in behalf of her late husband, for the period 1 October 2009 through 13 January 2010. _________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband was ill and had a disease; therefore, he should have never been released from active duty orders on 30 September 2009 until a Line of Duty (LOD) determination was accomplished. Based on his diagnosed disease, he should have been continued on active duty orders with pay, or given incapacitation pay for the period of time he was unable to work until his death. In support of her appeal, the applicant provides copies of her late husband’s active duty orders, a medical memorandum, physical profile, Informal LOD, Death Certificate, and a statement of his civilian gross earnings. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the Military Personnel System, the applicant served in the Air Force Reserve with a paydate of 27 March 1986. He was progressively promoted to the rank of master sergeant with a date of rank of 1 June 2007. His Point Service History closing on 27 March 2009 reflects he had 19 years of satisfactory Federal service. The remaining relevant facts, extracted from the applicant’s service history, are contained in the Air Force evaluations at Exhibits B and C. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SGP recommends approval. SGP states the decedent was on active duty orders from 13 April 2009 through 30 September 2009. During this time period, he developed numerous symptoms associated with adrenal carcinoma. No definite diagnosis was made prior to the end of his orders. After his release from active duty, he continued medical care and, on 23 December 2009, a 7-8 centimeter adrenal mass was noted. An LOD determination was initiated on 4 January 2010 and completed with a finding of in the line of duty (ILOD) on 14 January 2010. Though the decedent was not in a duty status when the condition was diagnosed, based on symptoms, incubation period, and extensive duty history in both 2008 and 2009, it was determined the condition most likely was service connected. The decedent was returned to active duty orders on 14 January 2010 and remained in such status until his death on 29 January 2010. It is clear the decedent was suffering from a severely debilitating condition that was service connected and rendered him unfit for military duty during the period being requested. SGP indicates that in accordance with Department of Defense Instruction 124.2, Reserve Component Incapacitation System Management, the decedent should have been retained on medical continuation orders. However, due to the complicated nature and sudden onset of his condition, the LOD initiation that triggers these benefits was delayed until after his initial release from active duty. The complete SGP evaluation is at Exhibit B. AFRC/A1K recommends approval. A1K states that after a comprehensive review of the available documentation, they recommend the decedent’s spouse receive incapacitation pay for the period 1 October 2009 through 13 January 2010. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 August 2010 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 injustice with respect to the applicant’s request to extend her late husband’s active duty orders. The applicant was released from active duty prior to the finding that his condition which, subsequently resulted in his death, was found to be ILOD. Once his condition was determined to be ILOD, he was returned to active duty until his death on 29 January 2010. We note the Air Force offices of primary responsibility recommend granting the decedent’s widow incapacitation pay for the requested period; however, we believe it is more appropriate to correct the record to show the decedent was not released from active duty on 30 September 2009, but was continued on active duty through 13 January 2010. It is our understanding that the award of back pay and allowances would be subject to reduction of earned civilian income for the period 1 October 2009 through 13 January 2010. Based on the foregoing, it is our opinion the decedent’s record should 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 Reserve Order Number D-01983, dated 28 April 2009, be amended in Block 15, Release Date, to reflect 20100113 rather than 20090930. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2009-04636 in Executive Session on 10 November 2010 under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2010-01051 was considered: Exhibit A. DD Form 149, dated 6 Mar 10, w/atchs. Exhibit B. Letter, HQ AFRC/SGP, dated 23 Apr 10. Exhibit C. Letter, HQ AFRC/A1K, dated 16 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.