RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02925

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He receive an Incapacitation (INCAP) pay extension from 30 Aug 11 to 28 Oct 12 as a result of a Line of Duty (LOD) injury that occurred on 21 Jun 10 while on active duty orders over 30 days.

APPLICANT CONTENDS THAT:

He should have had his INCAP pay extension processed as soon as it was recognized in the Disability Evaluation System (DES) processing.  He was unable to perform duty after the injury; was referred to the DES; was given formal decision that he was being medically separated from service; was unemployed prior to being on orders when the LOD occurred; and his only earned income was from Unemployment Insurance.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Army on 1 Sep 04 for active duty training and then affiliated with the Army National Guard.

On 10 Mar 08, the applicant transferred to the Air National Guard.  

On 24 Apr 10, the applicant was on active duty for technical training and on 21 Jun 10, the applicant injured his back while moving heavy objects into his car after completing technical training at Keesler Air Force Base (AFB).

On 24 Feb 11, the applicant was released from active duty.

On 22 Sep 11, a Medical Evaluation Board (MEB) was convened and the applicant was referred to the Informal Physical Evaluation Board (IPEB).  

On 31 Oct 11, the Integrated Disability Evaluation System recommended the applicant be found unfit.  

On 21 Mar 12, the IPEB found the applicant unfit and recommended discharge with severance pay with a disability rating of 10 percent.  On 11 Apr 12, the applicant disagreed with the findings of the IPEB and requested a Formal PEB (FPEB).  

On 17 May 12, the FPEB found the applicant unfit and recommended discharge with severance pay with a disability rating of 10 percent.  

On 11 Sep 12, the Secretary of the Air Force Personnel Council directed the applicant be separated for physical disability and established his Date of Separation (DOS) as 28 Oct 12.

On 28 Oct 12, the applicant was honorably discharged from the Air National Guard.

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

AIR FORCE EVALUATION:

NGB/A1PS recommends denial indicating there is no evidence of an error or an injustice.  The applicant received continued care through MEDCON orders which ended on 24 Feb 11.  His initial INCAP pay was approved by his unit for 25 Feb 11 to 25 Aug 11.  Subsequently, the applicant failed to submit his INCAP pay extension request in a timely manner.  The applicant was not excused from attending Unit Training Assemblies (UTAs) and not restricted from performing military duty.  Furthermore, he was found to be operating a personal business while receiving initial INCAP pay.  Additionally, he did not submit the required MEDCON extension paperwork.  Finally, his LOD determination for Lumbago closed in Jun 11 while receiving INCAP pay; therefore, this condition could not be claimed on an extension request.  

In accordance with AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, dated 8 Oct 15, the purpose of INCAP pay is to authorize pay and allowances to those members who are: not able to perform military duties because of an injury, illness or disease incurred or aggravated in the line of duty; or to provide pay and allowances to those members who are able to perform military duties but experience a loss of earned income as a result of an injury, illness or disease incurred or aggravated in the line of duty.

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

NGB/SGP endorses the NGB/A1P recommendation.

A complete copy of the NGB/SGP endorsement is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 Sep 16 for review and comment within 30 days (Exhibit E).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02925 in Executive Session on 8 Nov 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02925 was considered:

	Exhibit A.  DD Form 149, dated 9 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PS, dated 4 Mar 16, w/atchs.
	Exhibit D.  Memorandum, NGB/SGP, dated 31 Aug 16.
Exhibit E.  Letter, AFBCMR, dated 15 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.