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.