PSA for reservists getting medboarded about Incap Pay
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As the title says, this post is specifically to help out reservists being medboarded. You might be owed money and were either not told about it, or told you are not eligible. I've now spoken to many service members, specifically in the Army National Guard who have gone through a very similar situation to mine.
I used to be AD Army and went Guard, got hurt, and have been waiting for a medboard after surgery and lots of treatment. Because of my injury I could not work a civilian job anymore, or go to school in person. I lost my ability to drive, and had a very hard time functioning, and my unit gave me 0 assistance. I asked them if there was some sort of way that I can be compensated for this injury so that I can survive and they just told me "no".
This is not true! If you have a line of duty determination, and your ability to earn an income is impacted at all, you are likely due Incap pay! After many months of arguing, JAG and IG involvement, I am now going to be back paid a year and a half worth of Incap pay. Incapacitation pay is one of the most grossly misunderstood and misinterpreted regulations.
There's two types of Incap pay. You can only receive one at a time.
Tier I: You cannot perform any military duties. You cannot train at all or work at all because of your ILD condition. You are owed full military pay and allowances, AKA active duty pay.
Tier II: You can still perform some or all military duties but you suffered a loss of non-military income. You will get whatever is lower: However much money you have lost in wages per month, OR full military pay and allowances. This can be because you had to take less hours at your job, switch jobs, switch roles, etc.
I was told many, many lies about Incap pay including:
You can't have been a student at the time of injury. ( AR 135-381, 2-3 states that you can be a student during time of injury and while receiving Incap pay)
You have to be a technician at the time of injury. (There's a long list of all of the applicable duty statuses for the Army in AR 135-381 2-6 and 2-7. Pretty much, if you were on any duty status. A drill weekend, AT, deployed, muster. Check the list for more).
Your duty status had to have been one longer than 30 days. (AR 135-381, 2 - 8)
You can't have been a full time student, only a person working while at school. (For Tier I this is not true, AR 135-381 2-3)
After I raised a lot of commotion about this issue and all of the shady tactics my unit has used on me, including pretending to be a Jag, refusing to send an Incap packet, and delaying my access to healthcare by months, I finally am getting paid out, and it was also hopefully incentivize them to speed up my medboard after a year and a half of waiting without even receiving a PEBLO. I've since learned that this was a state-wide issue and no one had been receiving Incap for years, but now things are finally moving.
I hope this post helps anyone who either did not know about Incap pay, or was told they are not eligible. I'd love to help anyone else out who is in a similar situation or thinks they're owed Incap.
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