RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02979

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

He receive back payment of Incapacitation Pay (INCAP) from the end of the first INCAP extension (17 Nov 15), until his discharge (29 Mar 16).  

APPLICANT CONTENDS THAT:

An INCAP extension request was not completed prior to his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Jul 13, a Line of Duty (LOD) determination was rendered on the applicant from an injury that occurred while deployed to Afghanistan.

From 17 Nov 14 - 15 May 15, according to NGB/A1PS, the applicant received initial INCAP pay (initial 6 months INCAP approved by his unit).  

On 18 Jun 15, a Line of Duty (LOD) determination was rendered on the applicant, identifying a physical disqualification that must be processed through the Medical Evaluation Board (MEB) to continued his service.  

On 3 Nov 15, the MEB referred his medical case to an Informal Physical Evaluation Board (IPEB).

On 27 Jan 16, according to documents submitted by the applicant, his first INCAP pay extension request for the period of 16 May 15 - 16 Nov 15, was approved by ANGRC/CC (Exhibit A, pg 5).

On 3 Feb 16, the IPEB found the applicant is unfit for duty because of physical disability.  They recommended he be put on the Temporary Disabled Retired List (TDRL), with a combined compensable disability percentage of 100 percent. 

On 29 Mar 16, the applicant was placed on the TDRL.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PS recommends granting the application.  Based on the source documentation provided the applicant’s first INCAP pay extension was not approved until 27 Jan 16.  This resulted in a delay to submit a second extension for approval to be compliant (member must initiate extension request 60 days prior to expiration of any approved INCAP pay period) with AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay (attach 2).  Based on pertinent facts and per AFI guidance, the applicant would not have been able to submit a second INCAP pay extension request until the first extension had been approved by the ANGRC/CC.  They recommend the applicant be afforded the opportunity to submit for a second INCAP pay extension (less any civilian earned income) for the dates of 17 Nov 15 – 29 Mar 16.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of NGB/A1PS and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Through no fault of his own, the applicant was not able to submit a second INCAP pay extension request in accordance with AFI guidance.  Therefore, the Board recommends 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 competent authority approved his request for incapacitation pay for the period 17 November 2015 through 29 March 2016.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02979 in Executive Session on 16 Oct 18.

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, w/atchs, dated 22 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.