@FloridaInjuredInCombat,
You are spot on. Units leadership always try to deny Soldiers of INCAP benefits before looking into the program.
To
@GeorgeF, First of all, NO ONE can deny you the right to submit documentation for INCAP. If you make the request then they have to carry out your request.
AR 135-381, 1-4, n(2)(a) states, "This completed DA Form 2173 will be used in the interim to initiate the required paperwork for the
member to request incapacitation benefits until the LDI is approved and finalized by the appointing/approval authority".
DODI 1241.01, Enclosure 4, para 2 states, "2. An RC Service member with an in-LOD determination may be entitled to incapacitation pay
upon request in accordance with sections 204(g) or 204(h) of Reference (f).
a. RC Service Member Unable to Perform Military Duties. An RC Service member who is unable to perform military duties as a result of an in-LOD determination is entitled to incapacitation pay
upon request in accordance with section 204(g) of Reference (f) as implemented in paragraph 570607 and Table 57-3 of chapter 57 of Reference (n)."
It is the board that will make that determination, not some unit level or BDE level personnel. Unemployed soldiers can claim INCAP pay under this program and does not have to be working under Tier 1. If your doctor says that you are unfit for military duty then you'll receive full active duty pay and entitlements. Tier 2 is job dependent as will pay you what you will have been paid had you been on your job minus any income received from various sources. AR 135-381 and DA PAM 135-381, and DODI 1241.01 entitles you to this.
The "Unemployment Statement" was phased our many years ago under the previous regulation and should not be used. It basically lays out that if you become employed that you have to be sure to notify the unit or the Commander so that portion can be deducted from you INCAP pay only if you received any inform from them during that month. But that form is from an obsolete regulation no longer in circulation NGR 135-381 (
http://www.ngbpdc.ngb.army.mil/pubs/135/ngrar135_381.pdf). All that needs to be done is on the 7574 in block 12, write in "unemployed". Then on block 13, write in the amount that you received from the GI Bill. The only source of income that does not have to be reported and will not be deducted is VA disability payments.
Although the ILOD determination is not needed to request incap, you could have been receiving INCAP pay 30 days after the injury was reported per DODI 1241.2 and AR 135-381 and DA PAM 135-381. Since you do have the ILOD determination it now ensures that your pay and entitlements are guaranteed.
I only gather and review INCAP documents on the unit level before submitting up the chain. And plus, I have a ILOD injury that I am recovering from myself. I am in the Army Reserves and we have a slightly different process on routing documents to various departments within the Army Reserves Command. But no matter if you are NGB or Army Reserves, we all follow the same regulation. File an IG complaint to put some fire under their feet.
Stay on top of them and bug the hell out of them. Every Army Reserve and NGB unit must make the request for INCAP through a system called MEDCHART in the INCAP section. Press them about entering your documents in this system. This is an army requirement and directive from the Secretary of Defense. This system tracks, routes, and monitor all claims. The 7574, 7574-1, and Commander's Memo has to be completed every after the last day of the month being claimed. I have attached some information with templates on how the forms needs to be filled out. Look over the checklist to see what is required from you, the Soldier. The yellow bubbles have information in them once you hover your cursor over it. This is the Army Reserves process but both NGB and Army Reserves follows the same regulation. Do not attend drill if the doctor says you are not fit for duty. It will complicate your claim.
Again, file an IG complaint and reference the regulation and DODI 1241.01 if you feel the need.