Please help me with an INCAP question...Air National Guard Member

sbarq1

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I have had multiple ILOD injuries over the course of the past years since 2014. I have been on INCAP while waiting for medical issues to be resolved and to be admitted into the Med Board process. I was just hit with a statement saying that I wasn't warranted the amount of INCAP I have been receiving for the past year+.

This is due to me being "unemployed" prior to spin up in 2014. I was gainfully employed through early 2013 when I left to spin up with my unit to go to UAE. While deployed, my company sold their business in my state where I worked. This left me "unemployed" through no fault of my own. So, instead of going on unemployment, I spun down with my unit and almost immediately spun up with a sister unit and redeployed back to the sandbox. While in country I injured myself while working on equipment and finished my deployment. I was operated on upon returning home, then had a bunch of other complications requiring another 12+ surgeries.

I have a left shoulder that is completely shot after 3 surgeries and could be completely replaced....3 heart stents with 3 heart ops....and 9 right hand/forearm surgeries leaving me all but crippled. Today I was told that I shouldn't have received the INCAP amount I was paid....

I was paid full pay for my time and rank as my INCAP. This was approved every six months by multiple positions up to the NGB and Secretary of the Air Force and now I'm told that everyone was wrong and they could ask for repayment. I'm at my end.

All this because they say I should have been paid a lesser amount, I guess what I made at my civilian job prior to deployment. Are they heads right now? Were all the people in the processes prior wrong? How in the hell does this happen? I damn near completely cripple and worried sick about the outcome of the VA C&P bs then I get slapped with this in the 9th inning.....

Help me please...Thank you
 

RonG

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Re: Incapacitation Pay

“2. Special Considerations
a. In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under subparagraph 570604.A.1, the total pay and allowances shall be reduced by the amount of such income. In calculating such earned income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.”

DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57
Table of Contents (Continued)
570603. Pay Entitlement of Members Missing, Missing in Action, Interned, and Payments to Dependents......................................................................................................................... 11
*570604. Incapacitation Pay/Disability Entitlements for RC Service Members ............... 11

LINK <—-

Ron
 

sbarq1

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Registered Member
Thanks Ron....

The heads are trying to say instead of let's say $5400 (full pay and allowances per month) that I only made say $1000 a month as a janitor, that they (the gov) only owes me $1000 a month that I would have made in the civilian world and that I owe all the pay over that amount back. I wasn't a janitor and made more than 1,000 grand a month...just used that for a filler.

The mentality that is being used now would basically mean, we crippled you while on Active Duty and now we only owe you $1000.00 a month. Am I wrong?

Every 6 months when I had to be re-approved, these questions and doubts came up and every time they did, they finally saw where I was due the amount of full active duty pay. Why does this happen? Every six months, new eyes see these records and afi's/angi's/DODi's and come up with issues that cause me to go months without answers. Last time I went over 2 months without pay waiting for a decision. This time, I just crossed a month without pay and now this answer....I owe them money....

It's just absolute BS that the member suffers every single time these problems arise.
Thanks,
 

RonG

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Hello,

I was not a reservist so I have little to offer regarding your situation. What I know about incapacitation pay was learned during the last two hours.

Perhaps your former (or present) unit; the JAG; or IG could be of help.

Good luck,
Ron
 

Guardguy11

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I have had multiple ILOD injuries over the course of the past years since 2014. I have been on INCAP while waiting for medical issues to be resolved and to be admitted into the Med Board process. I was just hit with a statement saying that I wasn't warranted the amount of INCAP I have been receiving for the past year+.

This is due to me being "unemployed" prior to spin up in 2014. I was gainfully employed through early 2013 when I left to spin up with my unit to go to UAE. While deployed, my company sold their business in my state where I worked. This left me "unemployed" through no fault of my own. So, instead of going on unemployment, I spun down with my unit and almost immediately spun up with a sister unit and redeployed back to the sandbox. While in country I injured myself while working on equipment and finished my deployment. I was operated on upon returning home, then had a bunch of other complications requiring another 12+ surgeries.

I have a left shoulder that is completely shot after 3 surgeries and could be completely replaced....3 heart stents with 3 heart ops....and 9 right hand/forearm surgeries leaving me all but crippled. Today I was told that I shouldn't have received the INCAP amount I was paid....

I was paid full pay for my time and rank as my INCAP. This was approved every six months by multiple positions up to the NGB and Secretary of the Air Force and now I'm told that everyone was wrong and they could ask for repayment. I'm at my end.

All this because they say I should have been paid a lesser amount, I guess what I made at my civilian job prior to deployment. Are they heads right now? Were all the people in the processes prior wrong? How in the hell does this happen? I damn near completely cripple and worried sick about the outcome of the VA C&P bs then I get slapped with this in the 9th inning.....

Help me please...Thank you
Whoever sent that letter is interpreting that wrong. Your military pay and benefits is supposed to be the starting line and then any civilian pay you make gets subtracted from that so you always make at least what you would be making if you were capable to performing military duties.

Without knowing your full case, they could be fighting something saying you are somewhat able to perform military duties and want backpay, but from what you said it sounds like you need to talk to the MEDCON / INCAP manager over in the medical squadron in your unit. If need be, bring it up to the Wing IG. Elevate as necessary but start at the lowest level first.
 

sbarq1

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Registered Member
Thank you Brother. It's sad as hell that the reg's have been re-written and the wording can be misleading depending on who reads it. The best example that I have seen to explain who is warranted pay has been replaced. The AFI, angi, and dodi all have different states of wording. My Commander is a great man that has all of his troops best interest at heart....I've got a great supervisor and Chief of Maintenance and all of them met with me today to go over all of this. The consensus is that I am entitled to full pay for my rank/years until I am retired/separated. My Chief of Maintenance is going to work on getting all the instructions sorted out and get with the Commander and go through a JAG prior to going to the Wing Commander and they hope to have me taken care of in the next couple of weeks.

The one stickler in all of this is that I was "unemployed" prior to spin-up. No where that we have looked in current reg's state that member who was unemployed prior to active duty orders whereas member had a line of duty injury disabling the member from performing military duties is entitled to full pay per rank/years.

Everything is the member can't make more than full pay unless it comes from a civilian job.

Thanks again. I will update as I am made aware.
 

Guardguy11

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Thank you Brother. It's sad as hell that the reg's have been re-written and the wording can be misleading depending on who reads it. The best example that I have seen to explain who is warranted pay has been replaced. The AFI, angi, and dodi all have different states of wording. My Commander is a great man that has all of his troops best interest at heart....I've got a great supervisor and Chief of Maintenance and all of them met with me today to go over all of this. The consensus is that I am entitled to full pay for my rank/years until I am retired/separated. My Chief of Maintenance is going to work on getting all the instructions sorted out and get with the Commander and go through a JAG prior to going to the Wing Commander and they hope to have me taken care of in the next couple of weeks.

The one stickler in all of this is that I was "unemployed" prior to spin-up. No where that we have looked in current reg's state that member who was unemployed prior to active duty orders whereas member had a line of duty injury disabling the member from performing military duties is entitled to full pay per rank/years.

Everything is the member can't make more than full pay unless it comes from a civilian job.

Thanks again. I will update as I am made aware.
I read through 36-2910 and it only mentions the word unemployment once in para 6.4.1.1.14.3. I will say that after this read through I do understand why it can be interpreted the way your finance people did. If you read paragraph 6.3.6.5 it says, "Ensure the total amount of pay does not EXCEED the amount of pay and allowances a RegAF member of the same grade and length of service would receive for the authorized period".

The key word in that for me is exceed. You can claim a civilian loss of income up to the pay you would receive as a RegAF member. This was not how this program was explained to me but it makes sense. I will say that my LOD manager said INCAP is incredibly difficult to get and stay on and she recommended MEDCON.

Have you thought about trying to get on MEDCON? In that status you definitely would get all of your AD pay and benefits.
 

RonG

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A late contribution:

DoDD 1241.01,
Reserve Component (RC) Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements


LINK...see page 14 <—-

Ron
 

RonG

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Excerpt from DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57

[start]
570604. Incapacitation Pay/Disability Entitlements for RC Service Members * A. RC Service Member Unable to Perform Military Duties
1. Entitlement. In accordance with 37 U.S.C. 204(g) and DoD Instruction (DoDI) 1241.01, an RC member is entitled to the pay and allowances (incapacitation pay) provided by law or regulation for a member of a Regular Component of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated in the line of duty (LOD) while:...

2. Special Considerations
a. In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under subparagraph 570604.A.1, the total pay and allowances shall be reduced by the amount of such income. In calculating such earned income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

b. The total amount of pay and allowances (incapacitation pay) for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a Regular Component of corresponding grade and length of service.

c. Pay and allowances may not be paid for a period of more than 6 months. The Secretary concerned may extend such period in the interest of fairness and equity.

d. A member is not entitled to benefits if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member. [end]

LINK to reference DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57<—-

LINK to law <——
37 U.S.C. § 204 - U.S. Code
“(g) (2)  In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income.  In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.”


Ron
 
Last edited:

Guardguy11

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Excerpt from DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57

[start]
570604. Incapacitation Pay/Disability Entitlements for RC Service Members * A. RC Service Member Unable to Perform Military Duties
1. Entitlement. In accordance with 37 U.S.C. 204(g) and DoD Instruction (DoDI) 1241.01, an RC member is entitled to the pay and allowances (incapacitation pay) provided by law or regulation for a member of a Regular Component of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated in the line of duty (LOD) while:...

2. Special Considerations
a. In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under subparagraph 570604.A.1, the total pay and allowances shall be reduced by the amount of such income. In calculating such earned income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

b. The total amount of pay and allowances (incapacitation pay) for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a Regular Component of corresponding grade and length of service.

c. Pay and allowances may not be paid for a period of more than 6 months. The Secretary concerned may extend such period in the interest of fairness and equity.

d. A member is not entitled to benefits if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member. [end]

LINK to reference DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57<—-

LINK to law <——
37 U.S.C. § 204 - U.S. Code
“(g) (2)  In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income.  In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.”


Ron
And this is why I hate the AFIs in regards to disability stuff. When I read that 37 U.S.C 204 code, I read it how INCAP was originally explained to me. You are afforded your military pay and benefits for up to six months, minus any civilian pay you make. When I read the AFI, I read they only have to pay you UP TO the amount you would make as your military rank.

Either way, Sbarq1, I think you would have a solid IG complaint using the U.S.C. as your source data. U.S. code is law. AFI is regulation. Regulation cannot trump law.
 

Ocean

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You meet the profile for AD 12301(h) orders . It seems the onus is on the Guard, and the question to ask tour State Surgeons office is why were you not extended on AD orders, you met the requirements for 12301(h) orders..... The second question to ask, will INCAP will be converted to AD 12301(h) orders or RCMC orders which is the same type of order. RCMC is published by NGB the other is published through HRC...The last AD unit you deployed with should have extended you on AD for unresolved line of duty injuries....if your state will not assist, file through the BCMR and request to covert your INCAP to AD orders until you are med boarded......Please look at 2015 WTC Consolidated Guidance it will provide you with details regarding the aforementioned information.
 

Ocean

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Air Force Wounded Warrior Program
Please go to this web site. Ask to speak with a Recovery Care Coordinator ( RCC) or AFW care coordinator. The Warrior Care Policy office in DC implemented these two programs specifically to help wounded, ill and injured soldiers and their families. The programs are for all service members who have sustained Combat & Non combat injuries that carry a 50% or greater disability rating...the rating comes from the VBA & Military Meb/Peb.
Army is AW2, they also have RCC...
 

sbarq1

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Registered Member
Thanks Ocean....I asked way back when this started to be retained on AD orders but was denied and told I didn't fit the criteria. I had a couple of periods where my medcon orders ended through no fault of me, but had breaks in service which I will ask for a BCMR in the future. The main problem is having part time people making decisions that effect other members careers and pay. Time and time again, I was screwed because someone, somewhere wasn't available to sign off on my paperwork due to being a traditional weekend guardsman. It really isn't fair to the ones that need the help.
Barq's
 

Ocean

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I went through the same issues. The Guard has a medical branch that works with your unit. What regs did personnel use to demonstrate you did not meet the criteria. Anyway, i eventually hired an attny, took 27 months to be returned to AD for the line of duty nightmare i was then med boarded i then filed a BCMR for backdated orders..which i just received. So my suggestion, please get a hold of Jason Perry...i went with a not so great attny group that cost me beyond what i want to state. If you can get Jason up front NOW i would suggest that...his prices are extremely doable compared to what my family and i paid.
 

sbarq1

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Registered Member
I appreciate it but I am going to give my Commander the time he needs to try and resolve it. They have paid me full pay and allowances for quite some time now but only got stupid with the 1/30th rule. It states in the Dodi, the afi, and US code that members performing 30 days or more AD that are disabled with an ILOD injury are due full pay until returned to duty or medically retired. It’s just friggin aggravating having to be stressed to no end because of some jackass not knowing their job.
 

Ocean

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I understand. But, With INCAP you cannot gain retirement points, promotions and the Reserve MEB is very long. Whereas with 12301(h) orders you gain AD points, can promote and process through the MEB so...you can get on with living. i agree, the regs/policies are very clear, and a well written step by step process, they just are not followed. NGB created RCMC so they can publish 12301(h) orders as well. It is a work around for INCAP and while awaiting for return to AD. Best wishes...hope all works out for you.
 

sbarq1

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Registered Member
The thing that gets me too is that the DODI, the Air Force instruction, and U.S. Code dealing with military members hurt in the line of duty states “the member is ENTITLED” to these things. There is a reason why the people that make the laws stated this...we paid the price, swore our allegiance, did our duty and we should be entitled. Why do our brothers and sisters in positions of authority railroad other members at times when it’s easy to see they fit the bill for these entitlements when injured in the line of duty? I’m beaten and broken and still have financial obligations to feed and care for my family and I have to be drug through hell every 6 months when all I want to do is be medically retired and sent home w benefits after being crippled.
I understand. But, With INCAP you cannot gain retirement points, promotions and the Reserve MEB is very long. Whereas with 12301(h) orders you gain AD points, can promote and process through the MEB so...you can get on with living. i agree, the regs/policies are very clear, and a well written step by step process, they just are not followed. NGB created RCMC so they can publish 12301(h) orders as well. It is a work around for INCAP and while awaiting for return to AD. Best wishes...hope all works out for you.

I asked to be retained on Active Duty orders very early on in this process and was denied. I had several breaks in service due to paperwork issues beyond my control and even was left on the operating table at least twice without knowing whether or not my MEDCON had started.
 

Ocean

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All i can say is your State is wrong!!! I don't want to add to tour plate but if tou have not met a medical determination point...and continue tx until med boarded the state can submit your packet for an AD evaluation at an MTF or use what medical evaluations and records you have. Your Commander will complete a letter noting unable to do MOS, line of duty not resolved, needs treatment and care for xyz and send it off to NGB medical who either agree or not and if not provide an answer why...this will also elevate tour state from dropping INCAP packets it would seem to be a win-win. Once on AD let that side of the house determine if you need a med board...
 
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