I've been fighting with the army the last few months. I have read many many regs, but am not sure what the Army Reserve is required to do. I've been sitting around unemployed and hurt since 24JAN18. perhaps there are some cases that clearly define these issues.
Facts-
1. Was on 87 day ADT orders at FT. Gordon (not IET). 30OCT17-24JAN18
2. Hurt my shoulder grappling on my free time on or about (o/a) 22NOV
3. Saw a doctor o/a 27NOV who put me in rehab
4. Rehab specialist examined me and sent me for an MRI
5. Had MRI confirming SLAP (Labrum) tear in shoulder o/a 15DEC
6. Went to Reserve Liason office on Ft. Gordon to request a Line of Duty (LOD) and an Active Duty Medical Extension (ADME).
7.O/A 28 saw an orthopaedic Surgeon who then referred me to the shoulder specialist.
8. O/A 21JAN Shoulder specialist gave me a memorandum recommending I remain on orders for 2 more month and perform rehab and then would re-evaluate and decide on surgery or not
9. 6MAR18, After much fighting, an informal LOD was sent to RSC for approval (Lots of waiting on signatures from school house Company Commander)
10. On 21 MAR18 I will be reevaluated. i will travel to Ft. Gordon for my appointment on my own money since I'm not on orders, but I want my shoulder to get better.
11. My reserve unit drills/ does AT in Korea (Permanently)
12. Was unemployed when i entered this set of orders (Was making money by volunteering for orders)
13. Was going to be teaching BJJ/Muay Thai and act as a sparring partner after this set of orders, but can't due to injury
Questions
1. Is the Army Reserve required to have me extended on ADME orders? I have read this from DoDi 1240.01, but I don't know if it applies as I'm not in a DES or being MEB boarded, etc. I'm confident I can return to duty after surgery and rehab.
"When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System (DES), but this has not yet been determined by the DES, the member:
(a) Will, with his or her consent, be retained on AD or FTNGD until:
1. Outstanding in-LOD conditions are resolved; or
2. He or she is either found fit for duty, separated, or retired as a result of a DES finding."
2. It is correct that I don't qualify for INCAP pay Tier 2 due to being unemployed prior to my orders?
3. How can i qualify for INCAP pay Tier 1 (If I can't get ADME orders)? I am a 1LT/74A/CBRNE Officer and my reserve unit is in Korea (I'm CONUS). I know they could say I can work at a desk so no Tier 1, but I could also be paralyzed from the waist down and still work at a desk.
Facts-
1. Was on 87 day ADT orders at FT. Gordon (not IET). 30OCT17-24JAN18
2. Hurt my shoulder grappling on my free time on or about (o/a) 22NOV
3. Saw a doctor o/a 27NOV who put me in rehab
4. Rehab specialist examined me and sent me for an MRI
5. Had MRI confirming SLAP (Labrum) tear in shoulder o/a 15DEC
6. Went to Reserve Liason office on Ft. Gordon to request a Line of Duty (LOD) and an Active Duty Medical Extension (ADME).
7.O/A 28 saw an orthopaedic Surgeon who then referred me to the shoulder specialist.
8. O/A 21JAN Shoulder specialist gave me a memorandum recommending I remain on orders for 2 more month and perform rehab and then would re-evaluate and decide on surgery or not
9. 6MAR18, After much fighting, an informal LOD was sent to RSC for approval (Lots of waiting on signatures from school house Company Commander)
10. On 21 MAR18 I will be reevaluated. i will travel to Ft. Gordon for my appointment on my own money since I'm not on orders, but I want my shoulder to get better.
11. My reserve unit drills/ does AT in Korea (Permanently)
12. Was unemployed when i entered this set of orders (Was making money by volunteering for orders)
13. Was going to be teaching BJJ/Muay Thai and act as a sparring partner after this set of orders, but can't due to injury
Questions
1. Is the Army Reserve required to have me extended on ADME orders? I have read this from DoDi 1240.01, but I don't know if it applies as I'm not in a DES or being MEB boarded, etc. I'm confident I can return to duty after surgery and rehab.
"When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System (DES), but this has not yet been determined by the DES, the member:
(a) Will, with his or her consent, be retained on AD or FTNGD until:
1. Outstanding in-LOD conditions are resolved; or
2. He or she is either found fit for duty, separated, or retired as a result of a DES finding."
2. It is correct that I don't qualify for INCAP pay Tier 2 due to being unemployed prior to my orders?
3. How can i qualify for INCAP pay Tier 1 (If I can't get ADME orders)? I am a 1LT/74A/CBRNE Officer and my reserve unit is in Korea (I'm CONUS). I know they could say I can work at a desk so no Tier 1, but I could also be paralyzed from the waist down and still work at a desk.