RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04084 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She receives Incapacitation (INCAP) Pay, for the period of 2 December 2009 through 1 April 2010. ________________________________________________________________ APPLICANT CONTENDS THAT: She believes the record to be in error and unjust because the dates on record do not reflect the full duration of her incapacitation and she has not received INCAP pay. In support of her request, the applicant submits copies of her AF IMT 348, Line of Duty Determination, report of medical evaluation letter dated 29 November 2005, statements of earned civilian income, and email correspondence pertaining to 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) and the Military Personnel Database System (MilPDS), the applicant is a former member of the Air Force Reserve who enlisted on 24 July 1989, was progressively promoted to the grade of Master Sergeant (MSgt) E-7, and was relieved from active duty on 27 September 2010 and permanently disability retired on 28 September 2010, with a compensable percentage for physical disability of 40 percent. 2. The applicant originally submitted her request for correction of her record to approve incapacitation pay for lost wages from 2 December 2009 through 1 April 2010, to the AFBCMR on 3 October 2011. The Air Force office of primary responsibility reviewed her request and determined that she had not exhausted her administrative remedies for requesting incapacitation pay in accordance with AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR) paragraph 3.3. On 14 June 2012, the applicant was sent a memorandum, which directed that her application be returned without further action. ________________________________________________________________ AIR FORCE EVALUATION: ARFRC/A1K recommends approval. A1K states that the applicant’s assertion that she is eligible for incapacitation pay due to injuries received that were determined to be in the line of duty (ILOD) have been validated. They further state that the applicant has submitted all the necessary documentation and meets the requirements for entitlement to incapacitation pay outlined in AFRCI 36-3004, Incapacitation Pay and Management of Reservist Continued on Active Duty Orders, and DoDI 1241.2, Reserve Component Incapacitation System Management, paragraph 6.2.1.1, which is full pay and allowances minus earned income. The complete AFRC/A1K 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 3 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 error or injustice. After considering the totality of the evidence before us, and noting the approval recommendation from AFRC/A1K, we are persuaded that relief is warranted in this case. We agree with their recommendation and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. 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 and allowances, for the period 2 December 2009 through 1 April 2010. ________________________________________________________________ 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-2013-04084 was considered: Exhibit A. DD Form 149, dated 11 June 2013, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 24 February 2014. Exhibit D. Letter, SAF/MRBR, dated 3 March 2014. 1 2