BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20150018125 BOARD VOTE: ____x_____ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20150018125 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant timely submitted a complete incapacitation pay packet to the U.S. Army Reserve G-1 claiming incapacitation pay from 22 February 2015 through 13 March 2015[UAu1] * showing the U.S. Army Reserve timely received, accepted, and processed his request for incapacitation pay * showing he is authorized incapacitation pay and paying him said incapacitation pay as a result of these corrections __________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. BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20150018125 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 receipt of incapacitation pay. 2.  The applicant states he needed surgery for a partially torn rotator cuff upon returning from Afghanistan. He had to miss civilian work due to the recovery process. He was told to submit his application for incapacitation pay to this Board because he has since been discharged from the U.S. Army Reserve (USAR). 3.  The applicant provides: * memorandum for record from his commander * medical bills * DA Form 2173 (Statement of Medical Examination and Duty Status) * line-of-duty determination * DA Forms 7574 (Incapacitation Pay Monthly Claim Form) * Incapacitation Pay Claim Checklist * job description printout * initial incapacitation pay submission * medical documents, progress notes, surgical discharge summary, images, x-rays, and operative reports * unit deployment message * unit deployment orders * mobilization orders and amendments * temporary change of station orders * release from active duty orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1.  The applicant enlisted in the USAR on 13 February 2006. He held military occupational specialty 92A (Automated Logistical Specialist). 2.  He was ordered to active duty in support of Operation Enduring Freedom as a member of his Reserve unit on 20 September 2013. He served in Afghanistan from 16 November 2013 to 10 August 2014. 3.  His records contain a DA Form 2173, dated 18 August 2014. This form shows he stated the pressure caused by slinging his weapon over his shoulder while he was deployed in June 2014 caused him pain and numbness. His injury was determined to be in line of duty by the appropriate authority. 4.  He was honorably released from active duty on 20 September 2014 and returned to the control of the USAR. His orders show he was authorized transitional health care until 19 March 2015 under the provisions of Title 10, U.S. Code, section 1145 (Health Benefits). 5.  After his release from active duty, he had surgery to repair his injured shoulder (rotator cuff). He submitted an incapacitation pay packet consisting of a memorandum for record from his commander, medical bills, the DA Form 2173, the line-of-duty determination, multiple incapacitation pay monthly claim forms, a civilian job description printout, multiple orders, medical documents, progress notes, surgical discharge summary, images, x-rays, operative reports, and other documents. 6.  He was honorably discharged from the USAR on 25 March 2015 by reason of expiration term of service. He had been held beyond his normal discharge date through no fault of his own. 7.  The Army Review Boards Agency forwarded his documents to the Compensation and Entitlements Division of the Department of the Army Office of the Deputy Chief of Staff, G-1, for review. As a result, the Army G-1 rendered an advisory opinion on 13 January 2017. The Chief, Compensation and Entitlements Division, stated: a.  After careful review and coordination with Health Services Branch, Office of the Chief, Army Reserve (OCAR), G-1, the Army G-1 recommends approval of incapacitation pay for the claim period 22 February 2015 through 24 March 2015 based on an approved in the line-of-duty determination memorandum and other documents retrieved by OCAR from the applicant's medical records. b.  The Army G-1 recommends the applicant's receipt of Tier 2 incapacitation pay for demonstrated loss of nonmilitary (civilian) earned income for the claimed period. c. OCAR confirmed the applicant performed inactive duty training on 14-15 March 2015 before he was separated on 25 March 2015[UAu2]. d. This case was initiated after the applicant's effective separation date; therefore, an incapacitation review board did not review this claim. Policy supports that claims filed after separation are directed to the Army Board for Correction of Military Records for determination. 8.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit additional matters and/or a rebuttal. He did not respond. REFERENCES: 1.  Department of Directive Instruction Number 1241.01 (Reserve Component Line of Duty Determinations for Medical and Dental Treatments and Incapacitation Pay Entitlements) states incapacitation is a physical disability due to injury, illness, or disease that prevents the performance of military duties, or which prevents the Soldier from returning to the civilian occupation in which the Soldier was employed at the time of the injury, illness, or disease. Incapacitation pay is compensation Soldiers receive for their injuries considered in line of duty that require further medical care. 2.  Department of the Army Pamphlet 135-381 (Incapacitation of Reserve Component Soldiers Processing Procedures) states incapacitation pay is separated into two tiers: Tier I (Full Military Pay and Allowances) for Soldiers who are unfit to perform military duties as a result of an injury, illness, or disease caused by military service and Tier II (Lost Civilian Wages) for Soldiers who are fit to perform their military duties by a military medical physician, but are unable to perform their civilian job and can demonstrate a loss of civilian earned income. a.  In order to qualify for incapacitation pay, the Soldier's injury, illness, or disease must have occurred or been aggravated during a period of active duty and/or inactive duty of more than 30 days (or less than 30 days). Also, an in the line-of-duty determination is necessary to demonstrate that the injury, illness, or disease incurred was military service connected. b.  Soldiers who receive incapacitation pay may be entitled to full pay and allowances, incentive pay, special pay, and medical and dental care. Incapacitation pay cannot exceed full military pay and allowances. Soldiers who receive incapacitation pay are not entitled to accrue leave or retirement points. c.  Other civilian earned income and Department of Veterans Affairs (VA) benefits will also be subject to deduction from the Soldier's incapacitation pay. This includes normal wages, salaries, professional fees, tips, or other compensation for personal services actually rendered, as well as income from income protection plans, vacation pay, and sick leave that the Soldier elects to receive. d.  Incapacitation pay will terminate when the Soldier is qualified to return to military duty and/or civilian employment[UAu3], the Soldier receives a determination of not in the line of duty, the Soldier is discharged from the service, upon retirement, or is deceased. DISCUSSION: 1. The applicant sustained a physical disability due to injury or illness that prevented the performance of his military duties and/or prevented him from returning to civilian employment. Incapacitation pay is intended to compensate Soldiers for injuries that are considered in the line of duty that require further medical care. 2.  In order to receive incapacitation pay, a Soldier must submit the necessary documentary evidence and application through the Soldier's unit to servicing personnel and finance offices. The applicant in this case did so. However, as he had since been discharged from the USAR, the military personnel and finance offices were not able to process his application per established policies. Thus, he was referred to this Board for adjudication. 3.  After a careful review and in coordination with the USAR, the Army G-1 determined he was eligible for incapacitation pay for the period 22 February 2015 through 24 March 2015[UAu4]. 4. OCAR confirmed the applicant performed inactive duty training with his assigned Reserve unit on 14-15 March 2015. Regulatory guidance provides that incapacitation pay will terminate when the Soldier is qualified to return to military duty. In accordance with regulatory guidance, the applicant is ineligible for receipt of incapacitation pay beyond 13 March 2015. //NOTHING FOLLOWS// [UAu1]G1 said applicant attend IDT on 14&15 MAR 2015. Law does not allow INCAP PAY and drill pay. Recommend the date be adjusted to 13 MAR 2015 which would change this to a partial. JMR [UAu2]INCAP pay cannot be paid after one separates. The applicant requested INCAP pay through 27 April 2015. [UAu3]As the applicant went to drill on 14 March 2015, INCAP pay would cease 13 March 2015. It appears the G1 and the analyst did not take this fact into consideration when G1 rendered its opinion. [UAu4]Applicant returned to Army status in an IDT status on 14 March. An individual cannot be in an INCAP pay eligibility status and military pay status (IDT). Recommend this case be returned to the analyst and G1 for clarification of payable dates for INCAP pay. JMR ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018125 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2