The laws and regs are clear--you are supposed to remain on orders until your condition can no longer be materially improved or you are processed through the DES. They don't however, follow that and adapt policies contary to DOD directives and law. Two people from this site have filed for wrongful termination in federal claims court. One was placed on orders since he met the "sanctuary provisions" which it appears you do to. He just retired. "MAC", any guidance for this gent? The second is filing his case on his own since he doesn't have an attorney.
Please review this document I uploaded which contains all the applicable regulations and law. I was completely disabled at home for 7 months and not on orders or receiving any pay whatsoever. They offered me the participation waiver too, which only applies to those who need to obtain 50 points for a "good year" and those who have little to no disability.
Incapacitation pay must be requested by the individual after he/she declines active duty order entitlements. They've got a SRNCO at RMG who likes to play doctor and make decisions that are well above his level of responsibility. He even had the gall to sign four of my LODs where the physician is supposed to sign and placed incorrect speculation as to the cause of my conditions (ie claimed gout was caused by inactivity). They're still breaking the law down there and will continue until a federal case is finally won which enforces exisiting law.
AFRC IG COMPLAINT - Downloads - Physical Evaluation Board Forum
Don't forget to take the POLL:
http://www.pebforum.com/f47/arc-des-issues-congressman-wittman-7-may-10-a-19025/#post55796