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In capacitation pay
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Transcript of 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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