ANGI 36-3001 Incapacitation Pay

ranger2992

PEB Forum Regular Member
PEB Forum Veteran
What exactly are you disputing? I have read the first 10 pages and it references everything to higher regulations and says they will apply those policies. Is there something in this document that goes against a DOD instruction, or regulation?
 

J-MN

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PEB Forum Veteran
Registered Member
My command says that the whole process has changed based upon this update.

I was just trying to find the reference they were citing so I could see what they were talking about.

In the old ANGI there is a question asking 'are you able to perform military duties?' if the answer is NO - then you should be on MedCon orders. My command disputed this statement and said the ANGI was updated and the form they were trying to get me to sign was not up-to-date. I wouldn't sign it.

Basically its a big cluster and they are pissed off that I am getting paid and my doc says no work.
 

ranger2992

PEB Forum Regular Member
PEB Forum Veteran
I would find the section they are talking about and then reference it to the higher level instruction. Remember, they can add to, but can not take away from a regulation that trumps theirs. If the regulations says you get paid, then they can't over ride that.

Also, as mentioned before, the memo you provided is a draft. They are not going to get too far using a draft to implement policy. If it isn't approved and signed, it's as good as toilet paper.
 

J-MN

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PEB Forum Veteran
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Words from NGB/A1 "This ANGI36-3001 currently being rewrite and the attached draft supersedes
1996 version and authorized for use."
 

ranger2992

PEB Forum Regular Member
PEB Forum Veteran
Looking at the responsibilities section, the base medical facility says. I highlighted stuff that looked important. It still looks to me that the MTF is the person who decides if you can perform military duties. If the Doctor says you can't, your commander can't overide that.

Again, this draft points to higher directives for guidance and can't go against those directives. I would also like to see how this document would stand up to a legal challenge. I have never seen a draft used as policy and think if it is challenged, the draft will lose. If this draft is good enough to guide day to day policy then it needs to be signed and no longer be a draft.

Base Medical Facility
3.11.1. Brief member about medical care and treatment, including hospitalization and re-
hospitalization only for the specific LOD injury, illness or disease (See A2.2. SAMPLE MEDICAL BRIEFING).

3.11.2. Assign and train a manager for cases involving Air National Guard members who are not on active duty but require healthcare at that facility for an injury, illness, or disease incurred or aggravated in the line of duty.

3.11.3. For Air National Guard members being treated at other than a military medical/dental treatment facility, assign and train a manager at the appropriate command level to ensure such members receive required healthcare in a timely manner for an injury, illness, or disease incurred or aggravated in the line of duty.

3.11.4. Ensure procedures are in place for cases in which the member is projected to remain incapacitated for more than 6 months to determine if it is in the interest of fairness and equity to continue benefits and determine if the case should be referred to the Disability Evaluation System. Such a review shall be made every 6 months.

3.11.5. Ensure Medical treatment for an injury, illness, or disease incurred or aggravated in the line of duty is not delayed because of administrative requirements.

3.11.6. Ensure cases that warrant processing through the Disability Evaluation System are referred to the closest ADAF Medical Treatment Facility (ADAF MTF) for processing without delay.

3.11.7. Ensure AF IMT 348 Line of Duty Determination is initiated immediately upon notification of illness/injury/disease from member or responsible party.

3.11.8. Provide AF IMT 348, AF Form 469, and supporting medical documentation to the member’s Military Personnel Section (MPS) for processing.

3.11.9. Complete member Incapacitation Pay applications and forward to the member’s Wing Financial Management office.

3.11.10. Evaluate member monthly or as needed; provide Wing/FM and servicing MPS with an Incapacitation Pay Update of Medical Information (Attachment 6) and a copy of the AF Form 469 when updated, to certify that the member is still eligible for continuation of orders or incapacitation pay.

3.11.11. Consider Medical Evaluation Board (MEB) processing via the Disability Evaluation System (DES) prior to submittal of extension request when incapacitation extends beyond initial 6 months period. Note: Members must undergo MEB processing after remaining disqualified for worldwide duty (secondary to a medical condition) for greater than 12 months.

3.11.12. Comply with policy, as directed by NGB/SG, for preparation of medical continuation review packages.

3.12 Assign and train a manager for the Automated INCAP application.

3.12.1. Assign Base Level roles within the Automated INCAP application.

3.12.2. Provide oversight of all applications submitted via automated INCAP

3.12.2.1. Provide statistical reporting in accordance with locally established policies.

3.12.2.2. Provide reporting in accordance with NGB policies.

3.12.3.3. Ensure all local policies affecting submission of Automated INCAP applications conform to requirements in this publication and as directed by higher headquarters.

The Commander Section says

Unit Commander: Ensures a member who incurs or aggravates an injury, illness, or disease in the line of duty receives medical and/or dental treatment as authorized under 10 U.S.C. 1074 or 1074a in an approved medical treatment facility until terminated under subparagraph 3.4.3.

3.12.1. Monitor member’s status and ensure continuation of orders and/or coordinate requests for incapacitation pay in a timely manner. Orders and pay requests should be certified by member and supervisor at least monthly at the beginning and end of each tour extension.

3.12.2. Ensures any member who incurs an illness/injury/disease while serving on an active duty order remains on that same order until a Line of Duty determination has been made.

3.12.3. Request the appointing authority issue an interim LOD determination in accordance with AFI 36-2910 if an informal or formal determination cannot be finalized within 7 days of notification and the member is entitled to incapacitation benefits.
3.12.3.1. Do not request an interim LOD if there is clear and convincing evidence showing the condition existed prior to service or it appears that misconduct was the proximate cause of the illness, injury or disease.

3.12.3. Coordinates with servicing Wing/SG for all order extension requests.

3.12.4. Processes approved order extensions.

3.12.5. Briefs the member of their responsibilities during periods of incapacitation pay and extension requests.

3.12.6. Takes necessary action to ensure any incapacitation benefits are curtailed in the event the illness/injury/disease incurred is found to be not in the line of duty and are continued only during the period a member remains not fit for military duty or demonstrates a loss of earned income as a result of an injury, illness, or disease incurred or aggravated in the line of duty.

3.12.7. Develop a system to track unit members who are incapacitated. The tracking system shall include, at a minimum: the date when the injury, illness, or disease was incurred or aggravated; the type of injury, illness, or disease; the date when pay and allowances commenced.

3.12.8. Ensure unit members who are not medically qualified to perform military duties, as determined by the approval authority concerned, because of an injury, illness, or disease incurred or aggravated in the line of duty are reviewed for a determination of pay and allowances, to the extent permitted by law.

3.12.9. Ensure unit members who are fit to perform military duties but experiences a loss of earned income because of an injury, illness, or disease incurred or aggravated in the line of duty are reviewed for a determination of pay and allowances, to the extent permitted by law.

3.12.10. Ensure a manager has been assigned by the military treatment facility for cases involving unit members who are not on active duty but require healthcare at that facility for an injury, illness, or disease incurred or aggravated in the line of duty.

3.12.11. For unit members being treated at other than a military medical/dental treatment facility, verify that a manager is assigned at the appropriate command level to ensure such members receive required healthcare in a timely manner for an injury, illness, or disease incurred or aggravated in the line of duty.

3.12.12. Ensure procedures are in place for timely payment of pay and allowances as authorized. That pay should commence not later than 30 days after the illness, injury, or disease was incurred or aggravated, and shall continue without interruption until terminated.

3.12.13. Ensure procedures are in place for cases in which the member is projected to remain incapacitated for more than 6 months to determine if it is in the interest of fairness and equity to continue benefits and determine if the case should be referred to the Disability Evaluation System. Such a review shall be made every 6 months.

3.12.14. Establish procedures to ensure that:

3.12.14.1. Pay and allowances are not terminated due to administrative oversight.

3.12.14.2. Medical treatment for an injury, illness, or disease incurred or aggravated in the line of duty is not delayed because of administrative requirements.

3.12.14.3. Cases that warrant processing through the Disability Evaluation System are referred for processing without delay.

3.12.14.4. Pay and allowances do not continue under this Instruction after the member has been found fit for duty, except as provided in subparagraph 3.3.1.2.1., below, or the member has been separated or retired.
 

Ed Mercanti

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PEB Forum Veteran
Registered Member
A memorandum of instruction (MOI) is an interpretation of the regulation. A regulation is an interpretation of a DODI. A DODI is based in law if there is an applicable law. If you don't follow an MOI or regulation, you get your hand slapped. If you violate law its a whole different ballgame . . .
 

HIANG Officer

PEB Forum Regular Member
Registered Member
Here is the memo that I received from NGB. One thing to point out is it mentions the ANGI 36-3001 but not date. Because of that, I would assume that the validity of a DRAFT publication is invalid until signed and published, which have not occurred. I've spent some time in QA and a publication in DRAFT does not have any weight in current operations or procedures, because it is simply a DRAFT. That being said ANGI 36-3001, May 1996, states as a note under table 1.2 "NOTE: If member was on active duty for 31 days or more the member is entitled to remain on active duty status until final disposition of the case."

A Lt Col at NGB quoted from MEDCON policy guidelines (24 July 12) two points why I was denied:

"3.2. Not all conditions that restrict deployment or mobility establish
MEDCON eligibility, such as conditions expected to resolve in 30 days or
less,
or pregnancy (refer to AFI 10-203, Duty Limiting Conditions, Para. 3.3. for
additional applicable conditions).

3.3. An Airman who can perform military duties but requires medical care
for
a minor or chronic medical condition may be provided medical treatment for
such condition through the Veteran's Administration (VA), or TRICARE
benefits;
the Airman does not have to be on MEDCON orders to receive medical care for
a
LOD condition. Additional information can be obtained from visiting the
Airman's Reserve/ANG medical unit, VA or MTF TRICARE office."
---------------------------------------------------------------------
These two points, I believe, due not pertain to me.

I suffered a pulmonary embolism in Sep 2012 while going through air battle manager training (started Feb 2012) in Florida and hospitalized for a week, which requires an MEB, and a minimum of anticoagulation therapy of 6 months per flight doctors and Waiver Guide. AF 469 states MEB required and a MR and DR dates of Aug 2013. I've talked to my PCM and he said that I am unfit, which reflects on my AF 469, and the final disposition will be decided by an MEB. Since I'm still unfit for duty, I should be on MEDCON orders. I've asked the Lt Col if she considers this a minor condition as stated in 3.3 but she said she can't say if it's minor or major and referred me back to my MTF for that specific answer. If NGB is denying MEDCON orders based on a quote, then why can't she say that NGB views it as a minor condition, which is assumed in paragraph 3.3. I'm still challenging this, what I feel is, injustice. I have been off orders since Dec 9.

Please chime in on with any inputs.

LT G
 

Attachments

Aaron Munson

PEB Forum Regular Member
Registered Member
LT G,
Just wanted to let you know that you're not alone. I've also been affected by this apparent 'new change in orders' but seem to be in the same situation where nobody knows what to reference or why they're doing things...but just doing things because that's what they were told with no substantiating documentation. As much as I hate to say it, I was very relieved to read that I'm not the only one experiencing issues with this 'change'. I've got e-mails/calls off to my med group, my commanders, my supervisors, my finance group, MPF, and soon to be Guard Bureau...really anyone who is even remotely involved with the process and I'll provide updates as soon as I find out anything as well. In the meantime, just know you're not the only one out there with difficulties in this particular situation.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Here is the memo that I received from NGB. One thing to point out is it mentions the ANGI 36-3001 but not date. Because of that, I would assume that the validity of a DRAFT publication is invalid until signed and published, which have not occurred. I've spent some time in QA and a publication in DRAFT does not have any weight in current operations or procedures, because it is simply a DRAFT. That being said ANGI 36-3001, May 1996, states as a note under table 1.2 "NOTE: If member was on active duty for 31 days or more the member is entitled to remain on active duty status until final disposition of the case."

A Lt Col at NGB quoted from MEDCON policy guidelines (24 July 12) two points why I was denied:

"3.2. Not all conditions that restrict deployment or mobility establish
MEDCON eligibility, such as conditions expected to resolve in 30 days or
less,
or pregnancy (refer to AFI 10-203, Duty Limiting Conditions, Para. 3.3. for
additional applicable conditions).

3.3. An Airman who can perform military duties but requires medical care
for
a minor or chronic medical condition may be provided medical treatment for
such condition through the Veteran's Administration (VA), or TRICARE
benefits;
the Airman does not have to be on MEDCON orders to receive medical care for
a
LOD condition. Additional information can be obtained from visiting the
Airman's Reserve/ANG medical unit, VA or MTF TRICARE office."
---------------------------------------------------------------------
These two points, I believe, due not pertain to me.

I suffered a pulmonary embolism in Sep 2012 while going through air battle manager training (started Feb 2012) in Florida and hospitalized for a week, which requires an MEB, and a minimum of anticoagulation therapy of 6 months per flight doctors and Waiver Guide. AF 469 states MEB required and a MR and DR dates of Aug 2013. I've talked to my PCM and he said that I am unfit, which reflects on my AF 469, and the final disposition will be decided by an MEB. Since I'm still unfit for duty, I should be on MEDCON orders. I've asked the Lt Col if she considers this a minor condition as stated in 3.3 but she said she can't say if it's minor or major and referred me back to my MTF for that specific answer. If NGB is denying MEDCON orders based on a quote, then why can't she say that NGB views it as a minor condition, which is assumed in paragraph 3.3. I'm still challenging this, what I feel is, injustice. I have been off orders since Dec 9.

Please chime in on with any inputs.

LT G

I think they are dead wrong- the statutes, DoDI's, AF regs, AFBCMR decisions, and case law all support that you should be on orders.

I am very familiar with the BS statements/justifications for taking members like you off of orders.

In my opinion, they are wrong.
 

Ruptured Duck

Moderator
PEB Forum Veteran
In the "draft" angi 36-3001 those are the same idiots that have been making crap up as they go along for several years now. If you guys actually want to fight them you need to contact me. You guys are being screwed over by the same people who Jason and I took to Court and won. The bottom line is that they are just going to blow you off, mis-qoute whatever they can and then kick you out...and absolutely nothing will be done by anyone.
 

Ruptured Duck

Moderator
PEB Forum Veteran
These are the things you need to do:

Congressional Complaint (3- one to each Senator and to your Congressman) AND a complaint to the SECAF IG

If that doesn't work then you are going to have to file in the United States Court of Federal Claims for wrongful discharge.

We have experience at this...
 

J-MN

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Retirement date is 25FEB - not sure if it's too late to do anything or not. Please let me know.
 

sbarq1

Active Member
PEB Forum Veteran
Registered Member
I'm dealing with the same bs right now. Injured on Title 10 AD orders overseas in 2014. On and off of MEDCON orders and periods of INCAP since I got back. i have been on INCAP pay for the last 12 months while waiting to be entered into IDES and med board, which I am currently. Now the powers to be are telling me that I shouldn't have been paid AD pay for INCAP and my last date of pay was 12 April because I was unemployed prior to going on AD. ANGI 36-3001 details that "unemployment prior meant no income so therefore member would be entitled to full AD pay and allowances". 37 U.S.C. 204 (g) is also explicit that an RC member serving on AD over 30 days that has ILOD injuries disabling a member is entitled to full AD pay and allowances until retired, separated, or returned to duty. It says for a period of 6 months but can be extended by the Secretary for fairness and equity.

A memo from NGB on 17APR2019 stated members would be paid INCAP on the 1/30 scale.....That is for traditional members injured while performing a UTA/IDT that is unable to attend drills due to that ILOD injury. Basically to replace the guard check they are missing out on while healing, not a member hurt ILOD on AD orders that is disabled and can't work civilian wise or perform military duties. These regs keep hurt members from losing their homes while recovering.

I emailed a Lt. Colonel at NGB that works for the General over the Air National Guard and waiting for a reply on the above memo that lacked the AD INCAP instruction.

will update when I get news
 
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