From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
              
 
Ref:     (a) Title 10 U.S.C. § 1552 
            (b) SECNAVINST 1770.5 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 6100 RMED WWR 21 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s entitlement to incapacitation pay (INCAP), based upon a loss of civilian earned income from non-military employment or self-employment as a result of an line of duty (LOD) determination.                                                 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 March 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.  On 25 February 2013 Petitioner entered active duty training while in the U.S. Marine Corps Reserve and was released from active duty and transferred to effective 7 November 2013.  During this period of active duty Petitioner incurred right ankle injury. 
 
     b.  While employed by    of  Petitioner underwent right Chrisman-Snook ankle stabilization procedure at the Naval Hospital,  on 25 April 2017. 
 
     c. On 7 September 2017 Medical Board refers case to Physical Evaluation Board. 
 
     d.  On 28 April 2018 Petitioner civilian employer provides letter stating Petitioner out of work from 24 April 2017 to 1 October 2017.  Petitioner provided earnings statement(s) from said employer reflecting zero earnings from 22 April 2017 through 20 October 2017. 
 
     e.  Per Petitioner MCTFS data Petitioner discharge effective 30 August 2019 with 10 percent disability rating.      
 
     f.  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.  The Board determined no evidence in Official Military Personnel File of LOD determination or submission for INCAP during Petitioner’s service was provided; however, the Board concluded due to MCTFS record, enclosure (2), and per reference (b), Petitioner was eligible for INCAP and relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
While a member of the Marine Corps Reserve the Petitioner physically disabled as a result of the LOD condition as recommended by the Petitioner’s Commanding Officer and approved by the Benefits Issuing Authority demonstrating a loss of civilian earned income from non-military employment or self-employment as a result of an LOD determination. 
 
INCAP eligible for the period of 25 April 2017 through 30 September 2017. 
 
Note: The total amount of pay and allowances paid may not exceed the amount of pay and allowances provided by law or regulation for a Service Member of the regular component of a uniformed service of corresponding grade and length of service for that period. 
                                                             
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.