RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-02163 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He	receive	Incapacitation	Pay	(INCAP)	from	1	Nov	13	through
24 Feb 14.

APPLICANT CONTENDS THAT:
An administrative error is the cause of this issue. He retired from the West Virginia Air National Guard (ANG) and was not paid his last payment for INCAP.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 27 Dec 85, the applicant initially entered the Regular Air Force.

On 24 Oct 01, the applicant joined the West Virginia Air National Guard.

On/about 18 Aug 10, according to information provided by the applicant, he was mobilized in support of Operation ENDURING FREEDOM for a period of more than 90 calendar days.

On 9 Jun 11, according to information provided by the applicant, he was diagnosed with Post Traumatic Stress Disorder (PTSD), attributed to multiple deployments dating back to Operation DESERT STORM, through his most recent deployment to Afghanistan from September 2010 to November 2010.

On 23 Mar 12, the applicant’s conditions were deemed “in the line of duty,” as annotated on the AF Form 348, Line of Duty Determination, and signed by the convening authority.

According to information provided by the applicant, he received his initial INCAP pay from 4 May 12 to 4 Nov 12, and received two extension periods; 5 Nov 12 to 4 May 13 and 5 May 13 to 4 Nov 13.

On 8 Aug 13, the informal Physical Evaluation Board (PEB) met and recommended the applicant unfit, based on the applicant’s diagnosis of PTSD.

On 9 Aug 13, an AF Form 469, Duty Limiting Condition Report, was signed by the applicant’s health care provider, force health manager, and profile review officer, but not by his commander.

On 19 Nov 13, the formal PEB met and recommended the applicant for permanent retirement, with a compensable percentage for physical disability of 70 percent, for his unfitting condition of PTSD (aggravated in a combat zone, but not combat related).

On 30 Dec 13, the applicant was directed to be permanently retired by the Secretary of the Air Force Personnel Council.

On 14 Jan 14, the applicant was relieved and permanently disability retired in the grade of technical sergeant (E-6), effective 26 Feb 14, with a compensable percentage for physical disability  of  70  percent,  and  was  credited  with  10  years,
3 months, and 17 days of active service.
On 27 Mar 14, the applicant’s 6 Oct 13 INCAP pay application was signed by the approval authority.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:
NGB/A1PS recommends partial relief be granted for INCAP pay from
5 Nov 13 to 25 Feb 14, indicating there is evidence of an error or injustice. After a review of the applicant’s request, it was determined his physical restrictions for his medical condition prevent him from performing his military duties and render him eligible for INCAP in accordance with DoDI 1241.2, Reserve Component Incapacitation System Management. To substantiate his request, the applicant has supplied sufficient documentation in the form of an approved AF Form 348, Line of Duty Determination, and an appropriate AF Form 469, Duty limitation Conditions Report.

A complete copy of the NGB/A1PS evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.

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 a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. Based on the applicant’s most recent INCAP pay extension ending
4 Nov 13, it would appear the applicant has previously been awarded INCAP pay for the period 1-4 Nov 13; therefore, his request cannot be fully granted. Further, this is consistent with the variance between the INCAP dates requested by the applicant and recommended by the Air Force office of primary responsibility; as such, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he is entitled to receive Incapacitation Pay (INCAP) from November 5, 2013 through February 25, 2014.

The following members of the Board considered AFBCMR Docket Number BC-2014-02163 in Executive Session on 25 Mar 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence pertaining was considered:

Exhibit A.	DD Form 149, dated 18 May 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, NGB/A1PS, dated 10 Jul 14. Exhibit D.	Letter, SAF/MRBR, dated 18 Aug 14.