in capacitation pay

7/31/2019 In capacitation pay

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Policy, Procedures, andInvestigations

Presented By: SGT Shauna RossSSG Candise St. Andrew


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Line of duty determinations are essentialwhere service is interrupted by injury,

disease, or death. A person who becomes a casualty because of

his/her intentional misconduct or willfulnegligence can never be said to be injured inthe line of duty.


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Extension of enlistment Longevity and retirement multiplier

Forfeiture of pay Disability retirement and severance pay Medical and dental coverage for non active

duty soldiers Benefits administered by Department of

Veterans Affairs


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The LOD determination was presumed to beLD YES without an investigation

Disease Result of enemy action or attack

Death due to natural causes


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In all cases of injury or death (except injurieswith no lasting significance i.e. abrasions,

mild heat injuries) Investigations can be conducted informally

by chain of command if no misconduct isindicated.


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DA Form 2173 Evidence Collection

Written statements, police/hospital reports Warning is required before requesting information

from injured soldier

Line of Duty Determination Forwarding Investigation Actions by Appointing/Approval Authority


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Involvement of alcohol or drugs Self inflicted injuries

Injury occurred while soldier was AWOL Injury occurred while in route to final

acceptance in the Army Death while participating in authorized

training or duty Injury occurred during authorized traveling


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Investigating Officer must be

Appointed in writing

Free from bias or prejudice

DA Form 2173 as follows

Section 1: completed by MTF commander

Section 2: completed by unit commander IO will provide details when completing DD Form

261


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Incapacitation Pay for Guard and Reserve Soldiers

SSG Candise St. Andrew

SGT Shauna Ross

Presented By:


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This regulation prescribes policies and

implements statutory authorities regardingincapacitation pay and allowance and reviewsrequirements on these entitlements for Reserve

Component (RC) Soldiers (AR 135-381).


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INCAP is in place to compensate soldiers for an

injury, illness, or disease incurred or aggravatedin the line of duty and to provide the required

medical and dental care associated with the

incapacitation.


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Taking care of the soldier is the NCOs firstpriority!

Must be in the line of duty Even if orders of 30 days or less, soldier qualifies ROTC-SMP on IDT status do qualify Travel pay for those outside of 50 miles or 90

min drive time

SM are entitled to pay while the LDI is in process What if the condition can not be improved byfurther treatment or hospitalization?

Injuries aggravated while on duty are eligible

Ref: AR 135- 381; 1-6


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If a pre-existing condition is made worse beyond

the natural progression of the condition byperforming the soldiers duties it is considered an

aggravating the condition Commanders must initiate and complete LDIs,

despite a presumption of NLD determinationo Completed LDIs serve as necessary documentation for

application for disability entitlements with theDepartment of Veterans Affairs (DVA) and for the paymentof civilian medical bills related to the condition


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If criteria met as described in 1-6 EntitlementSM is entitled to FULL pay and allowancesless any civilian earned income.

Will not be allowed to attend IDT Will not accrue retirement points for

performing IDT Rational is that if a SM can attend IDT that be

evidence that they are not in fact sufferingfrom a disability

Be prompt in initiating LDI


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SM Will be compensated for lost civilianearned income but shall not exceed the

amount that they would make if on activeduty.


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Fitness for duty will determined by proceduresprescribed in AR 40-501 Standards of Medical

Fitness


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Paid only while incapacitated. No more than 6 months without review by

appropriate HQ. Reviewed every 6 months Will continue so long as condition is still

present and approving authority concurs If more than 1 year case should be considered

for disability separation


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Pay will be equal to active pay of corresponding paygrade, length of service, marital status and dependentstatus.

Orders will not be used to take place of INCAP pay Payments will not be issued with out cert of auth Only pay centers supporting the SM unit will provide

payment Extensions of INCAP must go through COC

SM is NOT on AD and so Leave will not be accrued SM will not be entitled DVA and INCAP for the same

condition (if this happens they will recoup!!)


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Status of soldier at

time of incident is

critical todetermination


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in capacitation pay

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