ason,
I need some sound advice as to the most expedited way to address my issue.
I’m an IMA who has been on almost continuous orders for the last 6 years.
The MPA days were my source of income until I was put on a “4T” profile. HQ AFRC/SG claims that Incapacitation Pay is not available because of my status. They claim that I was found fit for duty when the hospital returned me to end my tour although I have a "4T" profile.
I looked in AFRCI 36-3004 and read that until a military physician produces an AF Form 422, without a 4, incapacitation pay is authorized. I’m currently looking at more than 8 months worth of back pay.
My LOD's are jacked up. The outline in 36-2910 was not followed at all. I have a couple of LOD's that have a SMSgt in an organization that I'm not assigned to or on orders with, signed the LOD as my medical officer and unit commander. Then I have a commander's letter from the division director that I am attached to detailing how my medical condition hasn't impacted my duties. I have not worked for either person when the diagnosis was made or after.
I have petitioned my Chain (royal run-around), my Congressman and the AFRC IG to no avail. The AFRC didn’t answer the Congressional petition and the IG is clinging to guidance found in AFI 48-123 Vol. 2, Chapter 5, (ARC members not on EAD) as justification for authority over inline of duty conditions and not AFRCI 36-3004, 4.3.1 as they should. The IG wrote me that his office considers the matter closed due to policies set forth in AFI 48-123 Vol. 2, Chapter 5.
I was just informed that the IPEB has refused to hear my case before the formal board.
I wasn't given a definite rebuttal time frame in writing to rebut the decision of the IPEB, nor do I remember any verbal agreements, yet when I submitted my rebuttal I was told that I had exceeded the suspense date. I had previously emailed the PEBLO and informed them that I missed their phone call and to email me any pertinent info. I didn't receive any written answer to that email. I emailed the PEBLO after she called and informed me about the formal board refusal and asked why a written suspense wasn't set at the time that I signed the 1180. Later the PEBLO emailed me back and "informed" me that she gave me a verbal of 3 days but when she contacted the case manager, the rebuttal suspense was needed "immediately". By the PEBLO's own word there wasn't a consistent rebuttal standard and there wasn't a written agreement as fas as a suspense was concerned. Although I had missed the suspense according to the PEBLO, she still forwarded my rebuttal forward. In my mind if the suspense had passed the PEBLO should have said so at the time of my submission. I don't think this is fair to me. What do you think? Is this an issue that I can appeal?
The AD Area Defense Council along with my first shirt has suggested civil court. The AD JAG said I have more than proven my point that I’m being denied benefits. (Just as you have stated)
Is there a requirement that I must petition the Board of Military Corrections first or can I head straight to district court? If the Board of Corrections is necessary, can it be circumvented by having a family member file on my behalf?
If this issue can be handled in court, do you know of any litigation funding for this particular type of case?
As I stated earlier, this issue has been going on for 8 months and my savings are almost gone. I know about the EAJA, but my understanding is that a person files for reimbursement after the case has been won.
Do you know of any civil legal aid or veterans organizations that may be able to help me with my cause?
It has also been suggested that I publicized my plight in newspapers that serve the military community. Since AFRC has put this policy out I’m sure that there are others with a similar plight. Maybe an article could galvanize some members together and maybe a positive change will result.
What do you think?
Pittbull_16