RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00061

XXXXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be provided Incapacitation (INCAP) Pay for the period of 27 Jul 18 to 24 Sep 18.

APPLICANT’S CONTENTIONS

Due to both the Force Support Squadron change of command and computer system changes, his approved INCAP Pay package was not processed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Reserve staff sergeant (E-5).

On 8 Feb 18, according to AF Form 1971, Certification for Incapacitation Pay, the wing commander concurred with the wing financial management office certifying authority and approved the applicant’s request for INCAP Pay for the period of 27 Jul 18 to 24 Sep 18 in the amount of $1,392.00

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1PS, recommends granting the request for INCAP Pay.  The documentation provided by the applicant supports that he met the eligibility requirements and submitted the INCAP Pay request within the required timeline as outlined in Department of the Air Force Instruction (DAFI) 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay. 

According to DAFI 36-2910, paragraph 7.2.1, a member, who is unable to perform military duties including light duties outside the member’s Air Force Specialty Code, as determined by a military medical authority and the member’s immediate commander, due to an injury, illness or disease incurred or aggravated in line of duty, is eligible for full pay and allowances (including incentives and special pays to which entitled, it otherwise eligible) in accordance with paragraph 7.2, and less any civilian earn income the member has, regardless of type of duty status.  If there is no civilian earned income, there is no offset of monies and member is entitled to full INCAP Pay.

Furthermore, according to DAFI 36-2910, Chapter 6, MEDCON for ARC Members, the primary purpose of MEDCON is to facilitate the authorization for access to medical and dental care for members who incur or aggravate an injury, illness or disease while in a qualified duty status and to return members to duty as expeditiously as possible.  MEDCON eligibility requires an LOD determination and members with an In-Line of Duty determination have the choice to apply for MEDCON or INCAP Pay.  Commanders shall not direct either avenue.  The applicant provided documentation proving that he declined MEDCON in order to apply for INCAP Pay.

As such, based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice and the applicant should be reimbursed for the monthly INCAP entitlement, as reflected on the AF Form 1971, in the amount of $1,392.00 as this takes into account the member’s loss of earned income and military income received.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 11 Jul 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PS and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that for the period of 27 July 2018 to 24 September 2018, he was authorized Incapacitation Pay.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2022-00061 in Executive Session on 9 Aug 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, dated 8 Jul 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 Jul 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.