Army Reserve, what are my entitlements?

jdlancas519

Registered Member
#1
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.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#2
You should have been retained on orders. Apply for INCAP pay. You should at least get that.
 

Pyro

PEB Forum Veteran
Registered Member
#3
1.) Get an LOD, even better get a ILOD and apply for MEDCON and INCAP and see what shakes out.
2.) Take your CC the regulation and prove you have been screwed, maybe it will help.
3.) Don't accept no for an answer, they are wrong, threaten the use of the IG, that usually does it.
4.) Congressman can help as well.
 

Ocean

PEB Forum Veteran
Registered Member
#4
contact in writing your RC jag office, provide them with DODI 1240.01, at the same time contact your Senators office. I would attach a letter with your orders and medical records. Your letter should state: Rc soldier injured in the line of duty with LOD ( yes), request your assistance to have origional active duty order extended to MRP/MRP2, 12301(h) orders. The demob or organization who placed me on ADT for whatever reason failed to extend my from current active duty order from ( site number) to 12301(h) orders as required under 12401.01. I did not sign a declination statement for treatment or tranfer to a WTB. I requested to remain on active duty until the resolution of my injury (surgery/ physical therapy). Add to this letter your orders, and medical records ....hope this helps. Find out who your medical liasion in your unit for RTD is to make sure this is recorded, they might be able to notify the demob site or unit you were assigned to for assist. The organization who requested you orders is the authority for the extension....hope this helps...many RC soldiers deal with this, and Congress has done absolutely nothing .....
 

jdlancas519

Registered Member
#5
My orders would be ADME as it wasn't a contingency I believe. My LOD was finally processed yesterday. I see the doc again the 21st then will try to push again.
 

Ocean

PEB Forum Veteran
Registered Member
#6
ADME and MRP orders are 12301(h) orders of medical continuation orders please go to the wounded, ill and injured soldiers web site at http://warriorcare.dodlive.mil/benefits/scaadl/

The site will help both you and your family understand what benefits you are entitled to when injured in the line of duty. The warrior care web site is for all soldiers injured in the line of duty irrelevant of where the injury was incurred. I wish you the best in your recovery!
 
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