PEB Forum Regular Member
PEB Forum Veteran
I'm guessing you already know that DA PAM 135-381 and AR 135-381 are the Army's instructions and regulations regarding INCAP, also look at DODI's 1241.2 and 1241.01, the latter supersedes the former, but it's the latter (1241.2) that goes in depth about the safeguard's such as being paid within 30 days of formally requesting INCAP.I know this is an old thread, but I was hoping I could resurrect it to get some thoughts on my husband's situation?
My husband is an Army Reservist who is in the middle of the IDES process. About 6 months ago, he was notified by someone within his command about INCAP pay but no one knew any of the specifics of how to get it. Over the last 6 months or so, I have been doing a ton of research on INCAP, with most of the thanks to this forum! According to what I have researched and calculated, my husband would be due a rather large amount for incap if everything goes according to how I am interpreting the regulations. The large sum of money would be for Tier 1 and Tier 2 losses over the course of the last 5.5 years. My husband, however, is skeptical that he will get any money at all. His command is supportive but they aren't fully versed in INCAP. He is a skeptic and thinks INCAP pay is too good to be true. I am confident that his Tier 1 incap losses will be paid out eventually, but it's the Tier 2 losses that I am now doubting.
My husband has ILOD bipolar from his active duty days. He went straight from AD to Reserves (the ILOD wasn't determined until he was well into his time in the Reserves). After AD, he landed his dream job for which he had a security clearance. After a hospitalization in 2013, he lost this security clearance and lost his job because he could only work for this company with a security clearance. He was unemployed for 6.5 months. He took the first job that he was offered. Since he lost his job due to the loss of his security clearance, would this be eligible for Tier 2? He has the 7574 military physician forms signed that he was not able to perform his civilian duties for that 6.5 month time period.
This whole LOD bipolar has drastically changed our lives and not for the better, obviously. So, to think that he could be compensated in some way for those times over the last 5 years that he was unfit for military duty and his civilian work, it would just be a miracle for our family right now. But, I am worried that I am clinging too tightly to INCAP when it may not be realistic?
So, my main question is: Tier 2 incap eligible for the time he was unemployed due to loss of his clearance from hospitalization for LOD illness?
Thank you very much for taking time to help me!
For this CURRENT period of INCAP, you should start by formally requesting INCAP pay through the unit CO, do it by email so that there's a record of the request and time/date stamp.
For the PAST period(s) of INCAP, you'll "PROBABLY" have to go through the ABCMR (Army Board of Corrections for Military Records), but you can and should ask the State / Unit first, since you're supposed to expend all possible options BEFORE you go to the ABCMR. You can google the ABCMR claim form, which comes with instructions. There's a 3 year deadline to file a claim with them, but THEY have the option of extending that window "in the interests of fairness".
Beyond the ABCMR, there's the Court of Federal Claims. I don't know much about that process, but Jason Perry, the founder of PEB Forum is an Attorney who specializes in such things.
There's an Army HRC (Human Resources Command) power point brief floating around that completely strips all the safeguards of the INCAP regs. they WRONGLY base it on the missing language in DODI 1241.01 which omits the 30 days to pay requirement that's been the long standing requirement, their new and PUNITIVE maze has a MINIMUM of 8+ months delay (if things go to plan according to their flow chart) before an Incapacitated Soldier sees a dime in INCAP pay. Don't worry too much about this, but if your unit/State tells you that "you must have a completed LDI (line of duty investigation and determination) BEFORE you can get INCAP pay", they're WRONG and likely basing if off of this messed up HRC policy. If that happens, PM me and I'll help you with the references and such to form an appeal.
Read over DA PAM 135-381 with a fine tooth comb, paying attention to both your and unit's responsibilities, then formally request the INCAP. It's often a fight, but it is what's DUE, and worth it in the end.
Hope this helps...