BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20140018348 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, authorization for incapacitation (INCAP) pay beyond 180 days. (The application is dated 14 October 2014.) 2. The applicant states he broke his leg and was put on 6 months rehabilitation with entitlement to INCAP pay. He has not received all 6 months of INCAP pay. 3. The applicant provides copies of – * TPU Checklist for Incapacitation Pay Claims (180 Days or Less) * Request for Extension of INCAP Pay beyond 6 months * DA Form 2173 (Statement of Medical Examination and Duty Status),dated 21 March 2014 * DA Form 2173, dated 25 October 2013 * 412th Theater Engineer Command memoranda, dated 24 February 2014 and 16 April 2014 * orders for initial active duty for training (IADT), reporting on or about 29 July 2013 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period from 29 July 2013 through 21 November 2013 * discharge orders from the U.S. Army Reserve (USAR) * DA Form 7574 (Monthly Pay Monthly Claim Form) for the periods from 1 February to 28 February 2014, 1 March to 31 March 2014, 1 April to 30 April 2014, 1 May to 26 May 2014 * DA Form 7574-1 (Military Physician Statement of Soldiers Incapacitation/ Fitness for Duty), for the period 1 February to 30 April 2014 * DA Form 7574-1 for the period 1 May to 26 May 2014 * DA Form 5754-2 (Soldier’s Acknowledgement of Incapacitation Counseling), dated 10 April 2014 * 2013 Federal Tax Return * DA Form 3349 (Physical Profile), dated 8 July 2014 * DA Form 3349, dated 5 November 2013 * medical treatment and evaluation records (approximately 15 pages) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR and entered IADT on 29 July 2013. While doing the 2-mile run portion of the Army Physical Fitness Test on 23 September 2013 he, "felt and heard a loud crack in his right thigh" and fell to the ground. He was transported to the Army hospital and immediately admitted for surgical reduction of a fractured femur. 2. He was released from active duty on 21 November 2013 due to completion of required service. 3. On 26 May 2014 orders were issued discharging him from the USAR with an uncharacterized discharge. 3. On 16 August 2014 the applicant’s former USAR unit, the 702nd Engineer Company (HC) requested INCAP pay for the period 1 February through 30 April 2014 from the Office of the Chief of Army Reserve (OCAR). The applicant received INCAP for the period 22 November 2013 through 31 January 2014, a total of 71 days. 4. On 25 August 2014 the unit requested authorization for INCAP beyond 180 days. The OCAR, in an undated memorandum for the USAR Pay Center, authorized INCAP pay for the cumulative period 1 February 2014 through 26 May 2014, a total of 115 days. The total number of approved INCAP days was 186. 5. The OCAR’s undated authorization was provided to the Army Review Boards Agency in response to a request for an advisory opinion. That document was, in turn, provided to the applicant in a 12 January 2015 letter for his comment. He did not respond. 6. Department of Defense Instruction 1241.2 (Reserve Component Incapacitation System Management), paragraph 4.3, states it is Department of Defense policy to authorize pay and allowances, to the extent permitted by law, for Reserve Component members who are not medically qualified to perform military duties, as determined by the Secretary concerned, because of an injury, illness, or disease incurred or aggravated in the line of duty or to provide pay and allowances to Reserve Component members who are fit to perform military duties but experience a loss of earned income because of an injury, illness, or disease incurred or aggravated in the line of duty. 7. Army Regulation 135-381 (Incapacitation of Reserve Component Soldiers) establishes procedures and policies and implements statutory authorities regarding medical, dental, hospitalization, and disability benefits, incapacitation compensation, and death benefits, as well as reporting requirements on these entitlements for Reserve Component Soldiers: a. Soldiers must have incurred or aggravated an injury, illness, or a disease condition while in a duty or travel status. Prerequisites for entitlement to incapacitation pay are the inability to perform normal military duties or satisfactory demonstration of loss of nonmilitary earned income. Soldiers are entitled to a portion of the same monthly pay and allowances as is provided members of the Active Army with corresponding grade, length of service, marital status, and number of dependents, for each period the Soldier is unable to perform normal military duties or can demonstrate loss of compensation from nonmilitary income. b. The DA Form 7574 is to be completed on a monthly basis. c. The Secretary of the Army delegates to the Chief, Army Reserve (CAR) the authority to continue the payment of INCAP benefits paid under Title 37, U.S. Code, sections 204(g) and 204(h) for more than 6 months to incapacitated members of the USAR. The CAR can further delegate this authority to the USAR Deputy Chief of Staff for Personnel. DISCUSSION AND CONCLUSIONS: 1. Army Regulation 135-381 states the DA Form 7574 is to be completed on a monthly basis. The applicant requested the entire extended claim period in one request. On an unknown date after 16 August 2014, the OCAR approved his request for INCAP beyond the statutory 180-day period. It is presumed the applicant submitted his second request for INCAP pay and an application to this Board simultaneously. 2. In as much as the applicant made no response to the notification that his request for INCAP pay had been approved through 26 May 2014, it must be assumed that he was paid for the remaining 115 days of INCAP based on the OCAR approval letter. The applicant has failed to provide evidence that the OCAR directive to pay him INCAP in excess of the 180-day statutory limit was not paid as directed. If the applicant has not received full INCAP as approved by the OCAR, he must submit evidence to the Board to support nonpayment of full INCAP entitlement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ___X_____ __X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140018348 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140018348 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1