DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3616-20 Ref: Signature Date Subj: REVIEW OF NAVAL RECORD ICO USMCR RET Ref: (a) Title 10 U.S.C. §1552 (b) SECNAVINST 1770.3D Encl: (1) DD Form 149 w/attachments (2) HQMC memo 6100 RMED WWR of 4 Jun 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting his naval record be corrected to establish entitlement to Incapacitation Pay (INCAP) from 10 February 2014 through 1 July 2015. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 27 July 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with reference (b), incapacitation pay shall be initially authorized for a period of 6 months. The Assistant Secretary of the Navy Manpower and Reserve Affairs (ASN (M&RA) must approve subsequent extensions of incapacitation pay eligibility. Additionally, Reservist are required to provide clear and convincing evidence the amount of gross civilian earned income and any losses incurred. Failure of a Reservist to provide current and sufficient information to establish gross earned income or loss of income will result in delay suspension, or discontinuation of incapacitation pay. b. On 29 May 2014, Commanding Officer’s Certification Form [Certification for Title 37 U.S.C. Sec 204(h) INCAP Pay] is signed certifying Petitioner’s periods of lost civilian income reported from 10 February 2014 through 29 May 2014. c. On 8 September 2014, Petitioner Line of Duty (LOD) extension was approved by ASN (M&RA) authorizing INCAP eligibility benefits through 12 February 2015. d. On 2 December 2015, Petitioner transferred to Temporary Disability Retired List (TDRL). e. On 5 February 2018, the Physical Evaluation Board found Petitioner unfit for continued service with the Veterans Administration Schedule rating disability of 20%. f. Petitioner accepted the Informal PEB findings on 16 April 2018 and on 23 May 2018, PEB notified Commandant of the Marine Corps of the findings, disposition and disability rating. g. On 18 June 2018, Petitioner was removed from TDRL and discharged with severance pay. h. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to receive INCAP. However, he failed to provide certification of loss wages after 29 May 2014, thereby not eligible to receive loss wages after that time in accordance with reference (b). Moreover, the Board could not find, nor did the Petitioner provide ASN M&RA approval to receive INCAP beyond 12 February 2015. Therefore, under these circumstances, the Board felt, partial relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s INCAP package for the period of 10 February 2014 through 29 May 2014 was submitted to cognizant authority in a timely manner and it was approved. This change entitles Petitioner to payment of Reserve Component Incapacitation Pay from 10 February 2014 to 29 May 2014 for total compensation of $5,840. Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine final payment due. The part of Petitioner’s request for corrective action that exceeds the foregoing is denied in accordance with reference (b). Certification of loss wages 30 May 2014 through 1 July 2015 is required, and approval of a second extension from ASN (M&RA) is required for the period of 13 February 2015 through 1 July 2015. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that 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. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 9/3/2021 Deputy Director