APPLICANT REQUESTS:  That he be given incapacitation pay (full military pay and allowances or lost civilian income provided to a reservist who is disabled due to a line of duty/service connected incident) for the period he was unable to work as a result of an injury he sustained during weekend drill.

APPLICANT STATES:  That the reasons cited for the denial of his request for incapacitation pay are false.

EVIDENCE OF RECORD:  The applicant's military records show:

While a member of the Army National Guard in pay grade E-4 not on extended active duty, on 16 March 1995 the applicant went to a civilian physician complaining of problems with his thumb.  At that time he told the physician that his thumb problems started over a year before the examination when he injured his thumb when a case of chain fell on his hand.  He had X-Rays taken and was diagnosed as having a bone spur.  He had that condition surgically corrected and was certified as being disabled for some period of time by his physician during the process.

After reporting the incident to his unit, the applicant was scheduled for an examination at a military medical treatment facility on 18 April 1995.  At that time the applicant stated that he had injured his thumb when a case of chains were thrown to him during weekend drill on 16 May 1994.  The applicant’s commander did not complete his section of the 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

Loren G. Harrell
Director