RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00106 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive Incapacitation Pay (INCAP Pay) for the period of 19 May 09 to 14 Nov 09. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. While attending Officer Training School (OTS) he sustained an injury and was unable to perform his civilian duties until medically cleared on 19 Nov 09. 2. He is entitled to INCAP Pay because he met all the requirements in accordance with (IAW) AFRCI 36-3004, Incapacitation Pay and Management of Reservists Continued on Active Duty. In support of his request, the applicant provides copies of AF Forms 1971, Certification for Incapacitation Pay; AF Form 348, Line of Duty (LOD) Determination; statements of gross earnings; statement of lost wages; and other documents in support of his application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 3 Mar 09, the applicant, a former staff sergeant (SSgt) in the Air Force Reserves (AFR) entered the OTS program. On 17 Apr 09, a LOD determination was initiated because he injured his shoulder while negotiating an obstacle. On 22 Apr 09, the applicant’s injury was determined to be In the Line of Duty (ILOD). On 19 May 09, the applicant was medically disenrolled due to the shoulder injury he sustained during training. Medical personnel determined his condition was recoverable within 180 days; therefore he was afforded a 180-day reinstatement option IAW AFI 36-2013, Officer Training School and Enlisted Commissioning Programs (ECPS). On 20 May 09, the applicant was released from the AFR for failure to complete a commissioning or warrant program. He served 2 months and 17 days in the OTS program. The applicant submitted six applications for incapacitation pay for the periods 27 May 09 to 27 Jun 09; 27 Jun 09 to 27 Jul 09; 27 Jul 09 to 27 Aug 09; 27 Aug 09 to 27 Sep 09; 27 Sep 09 to 27 Oct 09; and 27 Oct 09 to 14 Nov 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K recommends denial. AFRC/A1K states after reviewing the documentation provided by the applicant he has failed to provide a completed AF IMT 348 with a recommendation and signature from the appointing authority; an AF IMT 469, Duty Limiting Condition Report which supports the requested INCAP Pay period; and the employer income statement(s) which support the requested INCAP Pay period. The employer income statement(s) that were provided failed to provide information on whether the member has received income through sick leave. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states this is the fourth time he has provided the information for his case, which has been an ongoing headache since Jun 09. Through no fault of his own, his case has not been settled, and he has been prompt in providing the requested information. The supporting documentation not only provides adequate proof of the injury but shows the financial hardship he has been placed in for the last two years. The entire experience has been less than professional and has left him with ill feelings towards the Air Force Reserves. The applicant’s complete submission, with attachments, is at Exhibits E and F. _________________________________________________________________ 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 to warrant partial relief. The evidence of record indicates the applicant was injured while training at Officer Training School (OTS) and a determination was made that his injuries were in the line of duty. The Air Force office of primary responsibility recommends disapproval due to the applicant’s failure to provide a completed AF IMT 348 with a recommendation/signature from the appointing authority and an AF IMT 469 which supports the INCAP Pay period. The OPR also states that the employer income statement(s) he provides fail to provide information on whether the member has received income through sick leave. However, after a careful review of the evidence of record, we note the applicant has provided six AF Forms 1971, Certification for Incapacitation Pay, all signed by the treating physician, unit commander, staff judge advocate and wing commander recommending approval of his request for INCAP Pay from 27 May 09 through 14 Nov 09. Furthermore, the applicant has provided sworn statements from his place of employment certifying he did not receive any earned income to include pay for sick leave. As such, we believe the evidence provided by the applicant establishes reasonable doubt as to his entitlement to INCAP Pay and to deny the applicant’s request under the circumstances would constitute a possible injustice. Consequently, we believe any doubt in this matter should be resolved in his favor. While the applicant requests INCAP pay for the period 19 May 09 to 14 Nov 09, all the AF Forms 1971 he provides reflect 27 May 09 as the initial incapacitation date, therefore, we find no basis to recommend a 19 May 09 effective date. Therefore, we recommend his records 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 incapacitation pay effective 27 May 2009 to 14 November 2009. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00106 in Executive Session on 3 November 2011, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 November 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. AFRC/A1K, Letter, dated 10 March 2011. Exhibit D. SAF/MRBR, Letter, dated 8 April 2011. Exhibit E. Applicant’s Rebuttal, Letter, dated 21 April 2011, w/atchs. Exhibit F. Applicant’s Rebuttal Letter, dated 12 July 2011. Panel Chair