My Commander is meeting with the State Jag in the am to get their opinion prior to shaking anymore trees. I have full faith in the Men and Women that I work with, I just don't trust the people higher up that hide behind desks and make decisions without having to look the soldiers in the face and tell them they got screwed when they make mistakes.
And I'll tell you this.....When any soldier has an injury that is confirmed and verified while in the line of duty they should be taken care of without hesitation whether medically, financially, or emotionally. This paperwork BS after the fact is exactly that...BS. All my docs are there...everything is verified and I get screwed because of someone reading a reg a certain way, leading to unnecessary stress and mental anguish wondering if they will straighten it out before I have to start selling stuff to pay my bills. It's not fair.
So....This is what the powers to be are saying I am due. They say that I am only due 4 active duty days a month because I am a guard member and I have no loss of civilian income prior to being mobilized on Title 10 and hurt ILOD.
They are saying they only have to pay me for the drill weekend pay that I miss each month, which for pay calculations is the 4 days of AD pay + they are going to pay me BAS and BAH for the 4 days as well, which is just over $800. This is all they say I'm due a month...that I am not due "full pay for an AD member" for the month even though my Commander's statement states "member can't effectively use his right hand or left arm". They are saying that I should have found a job and started working. I told them that I was doing what I was ordered to do and that was to not use the left arm/right hand or further injure myself and I also stated that until I was told otherwise by the military and the VA that I was not going to try and work. I seriously thought that I was due the AD pay for the entire month and that's what they were paying me. They did say that they wouldn't ask for recoupment though.
I filed an IG complaint per my Chief of Maintenance yesterday prior to being called by my Peblo telling me they said they were only entitled to pay me the four days. Now I'm worried that the IG may find I was paid in error and push for recoupment. I just can't win for losing. I hope my Med board/IDES process goes well and finishes up quickly.
At one time, ANGI 36-3001 stated this in the pic....It apparently has been rescinded. I would have bet my life that the member would have been entitled to an entire month's worth of pay and not just the weekend drill pay when injured ILOD on Active Duty orders. Hell....I couldn't go back to work so I'm supposed to take care of my family with $800 a month? Unemployment is more than that AND I wouldn't have suffered all the surgeries and loss of use of my arms and hand.
It's just all BS....I'll be glad when I'm retired and out.