From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
   
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 5400 Ser 95/566 of 28 Sep 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner received incapacitation pay from 16 September 2019 to 31 January 2020. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 3 November 2020 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, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  On 4 June 2016, Petitioner completed 20 years of qualifying service. 
 
     c.  On 16 September 2016, Petitioner was advanced to E-7. 
 
     d.  On 27 April 2017, Petitioner was issued a Notification of Eligibility (NOE) to receive retired pay at or after age 60 and participate in the Reserve Component Survivor Benefit Plan (RC-SBP). 
 
     e.  On 15 July 2017, Petitioner reenlisted for 3 years. 
 
     f.  Petitioner received a periodic and regular Evaluation & Counseling Record for the period of 16 September 2018 to 15 September 2019 while assigned to , . 
 
     g.  On 1 April 2020, Commander, Navy Personnel Command (PERS-95) notified Petitioner that his Drilling Line of Duty Healthcare (LOD-HC) benefits are approved for the following diagnoses and dates: Near complete thickness tear of the anterior cruciate ligament, vertical tear medial meniscus effective 10 March 2019 with an expiration date of 6 October 2020.  Furthermore, a Medical Evaluation Board (MEB) must be completed by 6 July 2020. 
 
     h.  On 29 May 2020, Petitioner submitted a Line of Duty Incapacitation Pay request for the period of 16 September 2019 to 30 September 2019.  Petitioner claimed that gross income lost during period listed in section II was $2,345.20. 
 
     i.  On 29 May 2020, Petitioner submitted a Line of Duty Incapacitation Pay request for the period of 1 October 2019 to 31 October 2019.  Petitioner claimed that gross income lost during period listed in section II was $4,903.60.  
 
     j.  On 29 May 2020, Petitioner submitted a Line of Duty Incapacitation Pay request for the period of 1 November 2019 to 30 November 2019.  Petitioner claimed that gross income lost during period listed in section II was $4,477.20. 
 
     k.  On 29 May 2020, Petitioner submitted a Line of Duty Incapacitation Pay request for the period of 1 December 2019 to 31 December 2019.  Petitioner claimed that gross income lost during period listed in section II was $4,690.40.       
 
     l.  On 29 May 2020, Petitioner submitted a Line of Duty Incapacitation Pay request for the period of 1 January 2020 to 31 January 2020.  Petitioner claimed that gross income lost during period listed in section II was $852.80. 
 
     m.  On 30 June 2020, Petitioner transferred to the retired reserve, without pay. 
 
     n.  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 attempted to get all of his documentation to process his request for INCAP prior to his transfer to the retired reserve, but due to no fault of his own, he was unable to do so. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s incapacitation pay request for the period of 16 September 2019 through 31 January 2020, was submitted to Commander, Navy Personnel Command (PERS-95) and processed prior to 30 June 2020.   
Note:  Defense Finance and Accounting Service (DFAS) will work with Navy Personnel Command (PERS-95) in order to process Petitioner’s incapacitation pay request.   
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.