RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03672 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His application for Incapacitation Pay (INCAP Pay) for the period of 11 April 2013 to 11 October 2013 be approved. APPLICANT CONTENDS THAT: The documentation clearing him for military duty was not approved by a medical officer or an operating surgeon. He was not cleared for return to full duty until 28 February 2014; he was also not cleared for light or office duty as stated in the INCAP Pay extension package. His physical therapy documents from Keller Army Medical Hospital were not included in the INCAP Pay package for the months of May through October 2013. He was denied five months of INCAP Pay entitlement while recovering from invasive spinal disc function surgery. In support of his request, the applicant provides a personal statement, letters from his doctor and SF Forms 600, Chronological Record of Medical Care. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a member of the Air National Guard (ANG) and is serving in the grade of Technical Sergeant (TSgt, E-6). His DD Forms 214, Certificate of Release or Discharge from Active Duty, reflects he was on active duty from 24 February 2012 through 9 October 2012 and 29 August 2014 through 31 December 2014. According to a letter from his doctor dated 23 January 2014, the applicant underwent a spinal fusion in February 2013 and was unable to begin physical therapy until June or July 2013 and was completely disabled from completing his job. In a letter dated 28 February 2014, the applicant’s doctor noted the applicant was able to return to work with restrictions of no sit-ups and low impact work. AIR FORCE EVALUATION: NGB/A1P concurs with the recommendation of A1PS to grant the applicant’s request for INCAP Pay for the period of 11 April 2013 through 12 September 2013. A1PS states the applicant has supplied sufficient documentation associated with having a Line of Duty (LOD) determination and that he was restricted from performing military duty, resulting in a loss of earned income. In Accordance with DODI 1241.2, paragraph 6.2.1.1.1., a Reserve component member who is unable to perform military duties as determined by the Secretary concerned due to an injury, illness or disease incurred or aggravated in LOD is entitled to full pay and allowances, including all incentive and special pays to which entitled, if otherwise eligible, less any earned income as provided under 37 U.S.C. and DOD 7000.14-R, Financial Management Regulation, Volume 7A (reference d), commonly referred to as INCAP Pay. INCAP Pay eligibility is based on a member having a LOD condition which restricts them from performing military duty and a loss of earned income. A complete copy of the NGB/A1P evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 December 2014 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: NGB/A1PS recommends approval. The applicant has supplied sufficient documents associated with having a Line of Duty (LOD) Determination, an AF Form 469, Duty Limitation Conditions Report, for the period the applicant was restricted from performing military duty. Recommend the applicant be approved for INCAP Pay for the period of 11 April to 21 July 2013 and 21 August to 11 October 2013. The applicant already received payment for the period of 22 July 2013 to 20 Aug 2013. A complete copy of the NGB/A1P evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In an e-mail dated 31 August 2015, the applicant concurred with the recommendation of the revised Air Force evaluation (Exhibit G.) THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was entitled to receive Incapacitation Pay for the period of 11 April 2013 to 21 July 2013 and 21 August 2013 to 11 October 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-03672 in Executive Session on 13 May and 9 September 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03672 was considered: Exhibit A. DD Form 149, dated 3 September 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, undated, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 December 2014. Exhibit E. Memorandum, NGB/A1PS, dated 14 August 2015. Exhibit F. E-mail, AFBCMR, dated 31 August 2015. Exhibit G. E-mail, Applicant, dated 31 August 2015.