IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004530 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her records to show her entitlement to incapacitation pay for the period of September 2014 through March 2015. 2. The applicant states: * she is entitled to incapacitation pay for the months from September 2014 through March 2015 * she received incapacitation pay for over 2 years, yet her request for continued pay to cover the period from September 2014 through March 2015 was automatically denied due to a 2-year cap on receipt of incapacitation pay * she was enlisted at that time, thus she feels she is entitled to the pay * she provided all the needed documentation to show her entitlement 3. The applicant provides: * correspondence with the Army Review Boards Agency * DA Form 2173 (Statement of Medical Examination and Duty Status) * National Guard Bureau (NGB) memorandum, dated 22 December 2009 * Incapacitation Pay Packets Checklists for the months of July 2013, August 2013, September 2013, October 2013, November 2013, December 2013, January 2014, February 2014, and March 2014 * DA Forms 7574 (Incapacitation Pay Monthly Claim Form) for the months of July 2013, August 2013, September 2013, October 2013, November 2013, December 2013, January 2014, February 2014, and March 2014 * multiple DA Forms 7574-1 (Military Physician's Statement of Soldier's Incapacitation/Fitness for Duty) covering the periods June 2013-March 2014, all dated 7 December 2013 and 15 March 2014 * Michigan Army National Guard memoranda, dated 9 December 2013, 7 March 2014, and 4 April 2014 * DA Form 3349 (Physical Profile), dated 4 March 2013 * Sports Medicine Clinic note, dated 12 November 2013 * Electronic Medical Management Processing System pre-authorization form CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 21 February 2008. 2. On 18 March 2008, she entered initial active duty for training at Aberdeen Proving Ground, MD. 3. A DA Form 2173 shows she injured her right ankle on 19 August 2008 during basic combat training. This document shows the injury was incurred in the line of duty. 4. On 19 September 2008, she was honorably released from active duty training due to completion of required active service. 5. An NGB memorandum, dated 22 December 2009, informed her that a line-of-duty investigation determined her right ankle vertical medial malleolar fracture occurred in the line of duty. 6. The applicant provided incapacitation pay monthly claim packets requesting Tier 1 full military pay and allowances for the months of July 2013, August 2013, September 2013, October 2013, November 2013, December 2013, January 2014, February 2014, and March 2014. a. Each packet contains a DA Form 3349 showing she was issued a permanent physical profile on 4 March 2013 as a result of right lower extremity nerve damage. b. Her immediate commander recommended approval of the packets for the period 1 July 2013 through 30 November 2013 on 9 December 2013. She recommended approval of the packets for the period 1 December 2013 through 14 March 2014 on 4 March 2014. c. A physician assistant certified at the Headquarters and Headquarters Battery, 1st Battalion, 182nd Field Artillery, Michigan Army National Guard, found her unfit for military duties from 1 June 2013 through 27 August 2013, 28 August 2013 through 31 August 2013, 1 September 2013 through 26 November 2013, and 27 November 2013 through 30 November 2013 during an examination conducted on 7 December 2013. He again found her unfit for military duties from 1 December 2013 through 28 February 2014 and 1 March 2014 through 14 March 2014 during an examination conducted on 15 March 2014. d. The packets appear to have been sent from her Michigan Army National Guard unit to the Michigan Army National Guard Incapacitation Review Board Panel for determination without Military Medical Support Office approvals on 9 December 2013, 7 March 2014, and 4 April 2014. The unit cover memoranda indicate the Military Medical Support Office determined her line-of-duty injury was resolved and no further medical care would be approved. There is no documentation from the Michigan Army National Guard Incapacitation Review Board Panel regarding these packets or their approval in her available records for review. 7. U.S. Army Human Resources Command Orders A-01-301348, dated 24 January 2013, ordered her to 1 day of active duty for the purpose of participating in medical appointments related to the Reserve Component Managed Care Evaluation/Disability Evaluation System. Further documentation pertaining to her Disability Evaluation System determination and final rating is not in her available records for review. 8. An NGB Form 22 (Report of Separation and Record of Service) shows she was honorably retired from the Army National Guard of Michigan on 14 February 2014 due to her placement on the Permanent Disability Retired List. 9. An Office of the Deputy Chief of Staff, G-1, Compensation and Entitlements Division, memorandum, dated 25 June 2014, informed the applicant she was disapproved for an extension of her incapacitation pay due to her discharge from the Army National Guard. 10. Army Regulation 135-381 (Army National Guard of the United States and Army Reserve – Incapacitation of Reserve Component Soldiers) provides policies regarding incapacitation pay for Soldiers of the Army National Guard/Army National Guard of the United States and U.S. Army Reserve. a. The objective of the Reserve Component Incapacitation System is to compensate, to the extent permitted by law, members of the Reserve Component who are unable to perform military duties and/or who demonstrate a loss in civilian earned income as a result of an injury, illness, or disease incurred or aggravated in the line of duty, and to provide the required medical and dental care associated with the incapacitation. b. Incapacitation pay will be paid only during the period a member remains unfit for military duty or demonstrates a loss of earned income as a result of the incapacitation. c. When incapacitation lasts for over a year, the case should be processed through the Disability Evaluation System for disability separation or retirement. d. Incapacitation pay will end upon retirement, separation for physical disability, or determination by military medical personnel that the member has recovered sufficiently to perform military duties or when actually returned to military duty, whichever occurs first. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of her records to show her entitlement to incapacitation pay for the months of September 2014 through March 2015 was carefully considered. 2. The evidence shows the applicant injured her ankle while in an active duty for training status and the injury was deemed to have been incurred in the line of duty. The applicant claims to have received incapacitation pay as a result of this ankle injury for the 2 years preceding her September 2014 claim, but has not provided documentation and her military records are void of documentation showing the actual dates she was approved for and received incapacitation pay. 3. She provided incapacitation pay monthly claim packets dating from July 2013 through March 2014, wherein she was found unfit for military duty by a physician assistant and her immediate commander recommended approval of the requests for Tier I incapacitation pay. It is unclear whether payment for those incapacitation pay claims was approved and made, as no approval documentation has been provided and in her application to the Board she is requesting payment for dates outside of the timeframe of the provided packets. Documentation indicates she was not approved for continued medical care at the time as her line-of-duty injury was deemed resolved. 4. On 25 June 2014, the Office of the Deputy Chief of Staff, G-1, disapproved her request for an extension of her incapacitation pay due to her discharge from the Army National Guard. 5. Her records contain an NGB Form 22 showing she was honorably retired from the Army National Guard of Michigan on 14 February 2014 due to her placement on the Permanent Disability Retired List. 6. Regulatory guidance does not allow for the receipt of incapacitation pay beyond the date of a Soldier's discharge or retirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004530 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004530 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1