RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00920 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She receives Incapacitation (INCAP) Pay, for the period 9 February 2012 through 28 October 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to the mishandling of her application for an extension of her INCAP pay, she was denied resolution, approval and payment prior to her retirement. She needs help to rectify this injustice and error for pay she is entitled due to her active duty combat-related injury. She was told that since she is retired her application for an extension of her INCAP pay could not be processed. In support of her request, the applicant submits copies of her letter of request for INCAP pay dated 31 Aug 12, with application for INCAP pay with final signature date of 4 Nov 12, AF IMT 348, Line of Duty Determination, AF Form(s) 469, Duty Limiting Condition Report, financial entitlements statement, income protection statement, employee/employer release statements, in-place deployment Special Order A-G000078, for the period from 5 Feb 10 through 22 Feb 10 (18 WK-DY), Special Order ACD-03696, for disability retirement, effective 28 Oct 12, dated 11 Sep 12, and documents pertaining to the processing of her INCAP pay application. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: 1. According to documents extracted from the Air Force Automated Records Management System (ARMS), the applicant is a former member of the Air National Guard (ANG) who enlisted on 14 September 1985. She was progressively promoted to the grade of Master Sergeant (MSgt) E-7, having assumed that grade effective and with date of rank of 2 April 2006. The applicant was relieved from active duty on 27 October 2012 and permanently disability retired on 28 October 2012, with a compensable percentage for physical disability of 50 percent. On 20 March 2010, a Line of Duty Determination was initiated. The recommended finding was In Line of Duty (ILOD) and reflected that the applicant was participating in a training exercise at a base of assignment when, during a mock attack, she was “rescued” by a fellow airman who picked her up in his arms and ran with her. He stumbled and fell while holding her and upon impact, the applicant injured her head and back. The applicant was wearing her Kevlar helmet. She was transported to the county medical center, treated and sent back home for further treatment. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPF recommends approval. SGPF states they received the applicant’s request for incapacitation pay on 28 January 2013, and it was returned to the unit as an incomplete package since it did not indicate if the request was an initial request or an extension of INCAP pay. On 13 February 2013, NGB/SGPA received an inquiry from NGB/A1 regarding the applicant’s request for back pay of INCAP pay due to a Line of Duty injury and recommended approval of the INCAP extension for the period of 9 February 2012 through 27 October 2012. The complete NGB/SGPF evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 31 March 2014, for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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. After considering the totality of the evidence before us, and noting the approval recommendation from NGB/SGPF, we believe relief is warranted in this case. Sufficient evidence has been provided which substantiates the applicant incurred a loss of civilian income because of injuries that occurred in the line of duty, and is eligible for incapacitation pay. Therefore, we recommend the applicant’s record 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 her request for incapacitation pay for the period 9 February 2012 through 27 October 2012. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 13 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00920 was considered: Exhibit A. DD Form 149, dated 15 February 2013, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, NGB/SGPF, dated 18 March 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 31 March 2014.