Physical Evaluation Board Forum

I was activated from April 2003 - April 2004. Had an illness that was determined to be in the LOD. I drilled with the AF Reserves for one year then was put on a medical hold because I had been put back on medication for the previous illness. It took over two years for the Reserves to give the case back to the active duty and process me through a MEB. I was found unfit for duty and given a 30 percent disability and put on the TDRL. This just happened on 26 Oct 2007. I was orginally placed on medical hold on 9 April 2005. I was not allowed to drill and did not received pay. Are there any provisions in the law for back pay?

llswanson,

Welcome to PEB Forum! To give a really short answer, yes, it is possible.

However, in order to get that remedy, you would need to show a violation of the law. I would want a lot more facts before assessing the strength of any case you might have. Did they identify your condition while on active duty? Did you apply for or receive INCAP pay? When you say you were on MED hold, do you mean you were put on orders or only had a separation for expiration of term of service delayed while they processed your case?

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Yes, a LOD was done while I was on active duty. I never applied for or received INCAP pay. No one ever said anything about that to me and I don't know what that is. I was not on orders during my medical hold. In the AF Reserves it is called a profile 4, where I can not participate for pay or points. I was basically in limbo for 2 and 1/2 years. I was technically "in the reserves", but was not allowed to work. I did file for VA disability and received a 30 percent rating with compensation beginning in May of 2005. Thanks for any help you can give me. Let me know what other information you need.

INCAP (or "Incapacitation") Pay is a payment authorized by law for reservists who are injured and are unable to work. I just posted the text of the law and the DOD Instruction and Directive regarding this program. You may be eligible for this payment. I am sorry for the short answer, I will post more later, but wanted to at least put up the information for you to review.

Hope it is helpful!

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I read the information you posted and that does sound like what I should have gotten. I did not lose time or money from my civilian job. I only lost military money. What would my next step be now?

I would contact your unit and apply for the money. See if the pay technician will put you in for it. If informally asking for it doesn't work, put your request in writing. If you get the payment, then you are all set, if not, then you will be able to appeal. If you do appeal to the Air Force Board for Correction of Military Records, you will be asking for a correction to your records that you were placed on INCAP pay on the date you were eligible.

Hope that is helpful.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I retired on October 26. Can my unit still do it?

I would tend to think not (partially because logistically, I don't know how the pay system could pay a former servicemember). If that is the case, you would probably need to petition the AFBCMR for correction showing you were eligible to receive this payment, then DFAS could pay you. I would need to look into this some more to give a definitive answer. The DOD Financial Management Regulation may have more. I will see if I can find any further guidance there.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I just found a case that discusses this issue. PM me if you want me to send it to you. But the upshot is that AFBCMR is the venue (in this case, you could go to Court of Claims directly, but it will be faster to go to AFBCMR). If they don't grant it, your next course of action is US Court of Federal Claims. They have a six year statute of limitations, calculated from the date of your discharge, so I would advise starting petition to AFBCMR sooner rather than later. For reasons I will discuss in another thread, many attorneys will not charge you for Court of Federal Claims cases. So, I see no reason not to start on the AFBCMR appeal and see what happens from there.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I finally got an answer about how to apply for incap pay. They sent me a DD Form 149 to fill out and told me to mail it to Head Quarters Air Force Reserve and it will meet a board. Do you have any advice on how to fill out this form and what evidence I need to send in?