Marshall,
The ONLY form that matters is DA 7574-1, Military Physicians Statement of Soldier's Incapacitation/Fitness for Duty. That is an important part of you INCAP monthly pay claims, and IAW with pg.2 of the form can ONLY be filled out and signed by a Military Physician or a VA Doctor who is ALSO a Military Reserve Physician. It is good for exactly 90 days, and then needs to be renewed to apply to INCAP.
What it says on the 7574-1 is the WORD and the ONLY WORD on your fitness for duty. If you have a current one that says you are UNFIT for Duty, by regulations you are NOT ALLOWED to attend drills... PERIOD. The Commander should know better than to order you to drill, and if he does and you're UNFIT according to the 7574-1, respectfully decline and explain why. If he pushes the issue, you'll have to stand your ground, and take it up with higher.
IF you attend drill, by his order or by your own choice, you stand a very good chance of losing your claim to INCAP based on the Fitness for Duty report being violated. DA PAM 135-381 explains it for the Commander in Section 2-2, Unit Processing Procedures, paragraph 8,
"In no case will a Soldier be allowed to perform military duty without a determination of fitness for duty or, during the period, a military physician has determined the Soldier is unfit to perform military duties."
Once found UNFIT for Duty, you need to be cleared by a Military Physician PRIOR to returning to duty, even if your DA Form 7574-1 has expired. Otherwise, when your are at drill and heaven forbid get re-injured, they can deny coverage based on the fact you weren't cleared to be there in the first place. CYA - Brother...
If I got other posts right, your condition has stabilized or improved, that warrants a return to the MILITARY physician for a new Fitness for Duty report. I would suggest you explain the condition as best you can and if it aggravates it to attend drill, even sitting at the duty desk all day, then be honest and tell him so.
Hopefully they won't return you to duty prematurely, especially if you are still out of work and/or don't have a civilian job to fall back on, and can't look for one until you are fully healed. It's unfortunate that INCAP doesn't take into account that being "incapacitated" also includes being too hurt to seek new employment, and I'm sure more than a few Soldiers fall into that tear in the safety net. If you are on Tier 1 and don't qualify for Tier 2, explain that to the Doctor and have him evaluate you accordingly so you're not out on the street before you have a chance to get back on your feet.
