Reserve LOD and INCAP Pay

M

mgeogo

PEB Forum Regular Member
I've got a couple of questions about the LOD process and INCAP pay.

I thought there was a provision for six months of back INCAP pay but I've read AFRI 36-3004 and I can't really see where it references anything but INCAP pay moving forward.

Also, 36-3004 says that the Commander can approve an interim LOD if the formal LOD isn't completed within seven days. Does this mean that I can ask for it and it has to be provided? Or is it at the Commander's discretion?

Does anyone have any experience with this?

Mike
 
Mike,

The process as laid out in the AFI only contemplates going forward. In cases where the eligibility would have started earlier, but the Servicemember does not submit a request till after, I would probably submit an application going forward for 6 months. Then if your case is resolved (either through fit finding or separation/retirement) I would file an AFBCMR petition asking them to change the date to reflect the shortfall of the balance of 6 months. There are a number of ways to approach this problem, but if they won't back date it for you in your command, I would think that would be the easiest route to collecting full amount.

The answer to your next question is a bit more complicated. I don't think there is anyway you could "force" a decision in 7 days. If you ask for it and get it, you win. However, I suspect that a subsequent decision in due course would probably nullify any complaint you would have for the Commander not issuing an interim determination. As far as having discretion, in many administrative matters, the military's decisions (and a particular Commander's discretionary actions) are given great deference. That does not mean that they are always going to prevail, however. In some cases, you can raise an "arbitrary and capricious" attack on administrative decisions. But in this case, I suspect it would be fruitless.
 
Jason,

Thank you for the inputs -- they are logical as always! It is so frustrating to be going through this process as a reservist with no physical contact to any of the organizations making the decisions and pushing the paperwork around.

It has always seemed to me that the MEB/PEB/LOD process on the active-duty side is deliberately slow because it is orientated at an active-duty member who is on full pay, benefits and entitlements and will get a pay cut when the decision is made.

For a reservist, the member is getting no pay, no benefits and no entitlements while the process drags on and will not get any pay or benefits until the process is complete.

Two entirely different mindsets but the active-duty controls dominates as always!

I will try to be patient while others decide my fate but I appreciate the ability to vent and ask questions. Thank you for providing an outlet!

Mike
 
Mike,

Glad to help. I think there is some of what you describe; the system is designed around AD servicemembers and the RC member is pushed into the system designed for someone in different circumstances.

However, a big part, in my opinion, is that there is a lack of knowledge in the RC on how to access and refer RC members into the system. When a Commander sits on a packet for months and months, it stretches the whole process out unnecessarily. Compounding the problems are, as you suggested, geographical separation of the member from Military Treatment Facilities, and the MEB (AD faces the same distance problem with PEB, in the vast majority of cases). But these factors can slow things way down.
 
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