Twilight Zone

lukewarm

Member
Registered Member
There are two ANG members at my unit who have been injured within the last month while performing military duty on Title 32 orders (UTA/RUTA/AT Status). Both individuals are young airman who are truly not spun up enough yet on how to reference AFI/ANGI/USC info in order to truly understand what is going on with their situations. In both cases these young airman have been given minimal information and have been informed that b/c they were on orders slated for less than 31 days that they are not eligible to receive INCAP & would receive medical treatment only despite the fact that in both cases their injuries have resulted in their inability to work at their civilian jobs ( I work with one of these individuals in a civilian capacity). I referenced ANGI 36-3001 and USC Title 37, 204(g) etc. and can not find where there is a justification for them being denied INCAP. The implications of these two situations are terrifying when one considers that if on a regular UTA weekend (or any status less than 31 days ) if they are injured while performing military duty that results in the inability to perform their civilian job duties that they will just be out of luck (and money) until they recover enough to return to work or they are found via MEB to have an injury severe enough to warrant Med Dis, but even then that can take quite a while and the disability rating received (usually at a much later date than the discharge date) will most likely pale in comparison to wages that would have been earned via civilian employment. Determining authorities at our unit said that their was a recent change to the policy determining INCAP which now precludes anyone injured while performing military duty on orders less than 31 days, although there has been no reference to this change, much less the specific policy provided.
Two questions:
1. Has there in fact been a recent (it would have to be over a month ago now since that is when the first airman was injured) change to any laws/policies governing INCAP which would even remotely make sense of these situations
2. If in fact there is an AFI/ANGI change which conflicts with the current USC (in this case Title 37,204) which reference is the final authority? In other words does the SECAF have the authority to narrow the scope of the USC?
Any help would be greatly appreciated by both of these outstanding young airmen and by all of us ANG members who could potentially end up in their situation one day.
 

Buffalo

PEB Forum Regular Member
AFI 36-2254 VOL 1 Reserve Participation

1.6.5. Reservists may be placed on military orders for the purpose of receiving military medical/dental evaluation, or examination as identified in AFI 48-123, Volume I and AFI 41-115, Authorized Health Care and Health Care Benefits in the Military Health Services System (MHS), or treatment for in Line of Duty Conditions (LOD). This does not apply to the RCPHA. Reservists receiving medical/dental care during a tour of duty will be voluntarily retained on AD orders to continue treatment as identified in DoD Directive 1241.1, Reserve Component Medical Care and Incapacitation Pay for Line of Duty Conditions.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top