IN THE CASE OF: BOARD DATE: 28 August 2020 DOCKET NUMBER: AR20190014416 APPLICANT REQUESTS: Correction of his record to show disbursement of Incapacitation (INCAP) Pay for the period 2 December 2016 – 28 February 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Recommendation to Approve Tier 2 INCAP Pay for the applicant, dated 6 August 2018 * Memorandum, Subject: Recommendation to Approve Tier 1 INCAP Pay for the applicant for periods 2 December 2016 to 28 February 2017, dated 6 September 2019 * U.S. Army Reserve Command (USARC) letter to the Honorable Mr. D-, dated 13 November 2019 FACTS: 1. The applicant states through no fault of his own his INCAP pay claim was delayed. Due to his injuries he went to the Individual Ready Reserve (IRR). His INCAP pay claim was approved on 13 September 2019, and he was told the claim could not be paid due to him being in the IRR, which was a result of the injury. He requests the claim to be paid as soon as possible, as it has placed his family in financial hardship. 2. A review of the applicant's official records shows the following: a. On 27 May 2006, the applicant was appointed as a Reserve commissioned officer in the Army National Guard (ARNG) and executed an oath of office. b. On 29 September 2008, the applicant was ordered to active duty. He served in Afghanistan from 8 December 2008 – 7 September 2009. c. On 3 September 2009, Orders Number 252-1121, issued by Headquarters, U.S. Army Garrison, Fort MCCoy, WI, released the applicant from active duty and returned him to his ARNG unit. d. On 7 April 2015, Orders Number 097-1031, issued by the Department of Military Affairs, State of Illinois, honorably separated the applicant from the ARNG by reason of resignation from the ARNG and transferred him to the USAR Control Group (Reinforcement). e. On 1 May 2015, the applicant was honorably released from the ARNG and transferred to the USAR Control Group (Reinforcement) to complete his remaining statutory Reserve obligation. f. On 29 January 2016, Orders Number C-01-601281, issued by the U.S. Army Human Resources Command (HRC), reassigned the applicant from the USAR Control Group (Reinforcement) to Headquarters and Headquarters Company (HHC), 308th Civil Affairs Brigade, effective on 28 January 2016. g. On 23 May 2017, Orders Number 17-143-00058, issued by Headquarters, 88th Regional Support Command, reassigned the applicant from HHC, 308th Civil Affairs Brigade to the USAR Control Group (Reinforcement), effective on 1 June 2017. h. The applicant's records are void of a Line of Duty (LOD) determination pertaining to INCAP pay. 3. The applicant provides: a. Memorandum, Subject: Recommendation to Approve Tier 2 INCAP Pay for the applicant wherein the applicant's intermediate commander requested through the INCAP review board authority, approval of the applicant's Tier 2 INCAP pay claim for the period 2 December 2016 - 28 February 2017. The request was based on an approved formal LOD for an injury that occurred on 26 July 2016. The applicant received care but was in the IRR. b. Memorandum, Subject: Recommendation to Approve Tier 1 INCAP Pay for the applicant for periods 2 December 2016 to 28 February 2017 that states in part, the 88th Regional Support Command approval authority to the USAR, G-1 requested approval of the application for Tier 1 INCAP pay for the applicant for the period 2 December 2016 – 28 February 2017. The approval was based on an injury that occurred on 26 July 2016 while the applicant was on annual training. The applicant was previously earning $4,359.60 a month and was currently losing $4,359.60 a month in December 2016. He was previously earning $4,452.00 a month and was currently losing $4,452.00 a month in January 2017 due to his in the line of duty condition. He was previously earning $4,029.52 a month and was currently losing $4,029.52 a month in February 2017. c. USARC letter to the Honorable Mr. D- that states in pertinent part, the applicant transferred from the USAR to the IRR on 1 June 2017. Unfortunately, when he transferred to the IRR, the USAR was no longer able to view his military personnel or finance records to process his INCAP pay. He was sent his approved INCAP memorandum by email and U.S. Mail on 13 September 2019. He also received a copy of the Board guidance and packet to assist to correct and resolve his finance issue. 4. See applicable references below. BOARD DISCUSSION: After review of the application and all evidence, the Board found sufficient evidence to grant relief. The applicant’s record contains evidence he was approved for INCAP pay for an in line of duty injury he received during AT in July 2016. The applicant should have received INCAP pay covering the period 2 December 2016 to 28 February 2017 during which he lost wages as follows: $4,359.60 in December 2016, $4,452.00 in January 2017, and $4,029.52 in February 2017. USARC stated that they were unable to process the applicant’s claim when he transferred to the IRR on 1 June 2017. Therefore, the Board found sufficient evidence that the applicant is entitled to the INCAP pay and should receive all pay due. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 1. showing the applicant was fully authorized the INCAP pay for an in line of duty injury he incurred on 26 July 2016, his Personnel Office duly processed his request in a timely manner, he was granted INCAP pay in a timely manner, and 2. paying him any INCAP pay due for the period 2 December 2016 to 28 February 2017. 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. REFERENCES: 1. Army Regulation 135-381 (Incapacitation of Reserve Component Soldiers) states the objective of the Reserve Component incapacitation system is to compensate, to the extent permitted by law, members of the Reserve Components who are unable to perform military duties and/or who demonstrate a loss in civilian earned income as a result of an injury, illness, or disease incurred or aggravated in the LOD and to provide the required medical and dental care associated with the incapacitation. A member of the Reserve Component incurring or aggravating any injury, illness, or disease in the LOD is entitled to INCAP pay. A member who is unable to perform military duties because of incapacitation under the circumstance described in paragraph 1–6 is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned income for the same period the member receives INCAP pay. 2. Title 10, United States Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014416 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1