Unit not processing LOD because of not signing a disability counceling statement

Y

yellow dog

PEB Forum Regular Member
Need some help on where to go with this.

I am currently on CO-ADOS orders and have 2 injuries that I'm trying to get LODs done on. I've sent all the paperwork over to my guard unit and now they are saying they need me to sign a Disability Counceling Statement. It appears that it only relates to INCAP and I found it in the old NGR 135-381 as something you need to sign to get into the guard incapacitation system.

I'm close to my orders expiring and I don't want to be put into the INCAP system. I'm working with the demobilization site to get put on Medical Retention Processing orders (just waiting for HRC to send down the orders) as I am still broken and have not been fixed yet.

Should I be worried about signing this statement? As of right now I told the Medical SFC at my unit that I'm not comfortable signing it as it doesn't pertain to LODs and I haven't seen a requirement for it. He responded that state requires it and that if I don't sign it that, and I quote, " Neither of these LODs will be submitted. Have a nice day."

I've heard that once you get to the WTB/WTU that they can process your LODs if you don't have any done yet. Should I just forget about getting this done through my state and let the WTB/WTU deal with it? Will there be reprocussions if this never gets put into the state system if the WTB/WTU does it?

If my unit continues to refuse to push these through, what's my next recourse?

Any help would be appreciated,
Yellowdog

P.S. I attached a copy of the statement they want me to sign.
 

Attachments

Do you all think a reply such as this is appropriate? I already stated in my original correspondance with him that no where in AR 600_8_4 does it say it needs this statement signed. I even told him I'd be happy to sign a similar, and what looks like an updated, version of that statement which comes out of DA PAM 135-381; it has references to the ADME and MRP system, so I would feel protected under that.

SFC XXXXX

You can't just not do an LOD. There are laws and regulations that cover how these are taken care of, and this needs to be taken care of. If in fact this is something that the State requires, then I want to know who or what exactly is telling you they need that form signed. Can you not physically put it into the system without checking a box that this form is included? Is it somebody just saying they need it or is there some regulation, memorandum, or something else that says it has to be signed and returned for all LODs? Is there maybe a difference between an LOD that happens during AT or an IDT weekend and one that happens while on CO-ADOS orders?

I hope you can understand my concern. I've heard from other people in the National Guard who have signed similar statements and have been screwed by being taken off of orders and put straight into the state INCAP system. I don't want to go signing some document that could have the potential to put me into the INCAP system just because somebody somewhere said they need it. I don't want to be difficult, I just want to make sure I'm protected.

The INCAP system has its place, and right now it's not the place for me. It may be at some point, but hopefully not.




 
That statement is for INCAP Pay. Are you on orders for more than 30 days? If so, here is the law:

Pursuant to 37 U.S.C. § 204(a)-(b);

(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.

DoDI 1241.2;

6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
 
DON'T EVEN THINK of signing this statement if you are entitled to stay on active duty.

They HAVE to do a LOD on you no matter what this guy said: "He responded that state requires it and that if I don't sign it that, and I quote, " Neither of these LODs will be submitted. Have a nice day."

You need to down load DoDI 1241.2 and DoDI 1332.38 right now.




 
You also need to start building a paper trail. I recommend you send this guy an email asking him to "explain" that again and cc everybody in your chain. Then send one to your CO asking what the status of your LOD(s) and your medical continuation orders.
 
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