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Yes, you can get INCAP pay without a civilian job. To be qualified, you must be "unfit" for military duty.....not just "limited duty". Your 469 should have a block 31 or 37 checked. The catch 22 is that you must turn down MEDCON orders to get that type of INCAP....but why would you since...

How to get information: A FOIA request will NOT get you everything....you need to file a FOIA AND a Privacy Act request at the same time. here is how you do it: http://www.foia.af.mil/ if they refuse, you get an appeal...to DC....and you CAN take them to court. It's a VERY powerful law....and...

Sorry, for not responding earlier. busy..... Do NOT sign a pre-surgery waiver......AFRC will probably try to get you to sign one....don't, they will stop everything (IMO)...including INCAP...if you do. Definitely appeal...problem is, they WON'T backdate your medcon....so your only practical...

Ironically, the regs only authorize AFMOA to MANAGE medcon cases..... Got most of the regs at work...I'll try to post tomorrow. Here's the problem......you can QUOTE the regs to them, and they still will not comply....and they will advise you to take it up with the AFBCMR. You do have an...

Ed, I hate to be confrontational on this, but I have NEVER seen the term "normal military duties" in the regs. you are "fit for military duty" or you are not. When you use terms like "normal", you leave too much room for arbitrary/inconsistent decisions. The decision should be an OBJECTIVE...

here we go again....... Are you "fit for military duty"? (I'll answer it for you...no...you aren't deployable unless you can run 100 yards...) Do you have an LOD? (yes, or you wouldn't get INCAP) per AFRCI 36-3004....you must DECLINE medcon orders to be eligible for incap based on "fitness...

Find a Dr who is willing to connect it to your service....start there.

In this case, they will likely find "EPTS LOD NA". I HIGHLY recommend you get some one on one counseling from a lawyer (NOT the ADC or JA) or an expert in these matters. I have a feeling that unless you were on 31 day orders when this happened, your PEB will be for "fitness for duty"...

Snap, what do you want to happen? That pretty much determines what's next...

Actually, you do NOT have to have a completed LOD to receive INCAP. They are supposed to pay you INCAP until the LOD is complete and either continue it or stop it based on the outcome of the LOD once complete: DoDI 1241.2 6.4. Line of Duty Determination 6.4.1. Entitlement Prior to Line of...

how long ago did you file for Incap?

Just curious....would the normal "within 6 months of retirement" presumption apply? I guess the philosophy is if you are already voluntarily retiring, then you wouldn't be "involuntarily retired" for a disability.

Incap pay is also fully taxable......

definitely go to the AFBCMR.....you should have gotten MEDCON from the beginning...and the fact they gave you 30% hammers that point. I could be wrong, but I think the 30% gets you retired...and you'll get paid for your 5300 points.....which should be about 5700 if you get your backdated medcon.

Franky, to be successful a the afbcmr or abcmr you need to do the research....cite previous opinions...point out they are bound by them....and I'd highly recommend hiring a lawyer who has dealt with the boards before. Do the research and write a draft...and hopefully that will make your fees a...

Uhhhh......probably not. If you are claiming incap based on "fitness for duty" (block 31 or 37 checked on your 469), you can only do your Drills if you get a waiver.....and if you do, you are considered "fit for duty"....and you LOSE INCAP!!! you're in VERY dangerous territory. PM...

Mike, I think the biggest issue....something I did not realize until I worked directly for an SES...is that GOFOs and SES' are kind of in a "billionaire boys club". There seems to be an unwritten rule that you do NOT...NOT EVER...question the judgement of a fellow club member. He has his...

Mike, that's what I understand also....I know of a USMC case that involves an O6...that should result in prison time for the board members :mad:...or at least a "code red". I honestly don't know how some people sleep at night.

Good info on the boards.... http://www.texasbar.com/flashdrive/materials/military_law/militarylaw_toney_militaryrecord_finalarticle.pdf

Jason, The biggest benefit of a FOIA/Privacy Act request is that the people you hit for the information.....KNOW it......and they will typically do one of two things....either come at you harder...or have a "oh crap" moment when they are handing the package to the JA for review...and realize...