Transcript ANG Line of Duty Determination (new window)

Overview
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Definition
Purpose
Who it Applies to
When Determinations are Required
Types of Determinations
Responsibilities
LOD Packages
Definition
What is an LOD Determination?
Federal Law requires determination as to
whether or not certain injuries or diseases are
suffered by military members while in the line of
duty (LOD) or as a result of misconduct on the
part of the member.
Purpose
Protect the government against fraudulent
injury claims
Protect the rights of Air Force Airmen who
are injured while in the line of duty
Who It Applies To
Air Reserve components to include ANG
members who die, incur or aggravate an illness,
injury or disease while:
On published orders for ANY PERIOD of time or while
on Inactive Duty Training (IDT) – UTA, SUTA, BUTA, or
PT
Traveling to or from the place the member performs
Active Duty Training or Inactive Duty Training
(reasonable time 2 hrs)
When Determinations are Required
The death of a member
Inability to perform military duties exceeds 24hrs
The likelihood of a permanent disability
Medical treatment of a member (regardless of
member’s ability to perform duties)
The likelihood of an ANG member applying for
incapacitation pay
Line of Duty Determination
LOD require prompt and accurate action!
Failure to process an LOD or misconduct can
prompt a formal investigation
Can delay processing of disability retirement or
separation causing hardship
Possible LOD Determinations
In Line of Duty
Existed Prior to Service (EPTS)
Not in Line of Duty - Not Due to
Misconduct
Not in Line of Duty - Due to Misconduct
Types of Determinations
Administrative Determinations
Made by Medical Officer
Includes:
Existed Prior to Service
Diseases
Types of Determinations
Informal Determinations
Required when an administrative cannot be
made
Appears member was in line of duty and not due
to misconduct.
Used when there is no question or further
investigation may not be necessary.
Example: Injury resulting from falling on a wet floor while
on duty and no misconduct.
Types of Determinations
Formal Determinations
Used when neither administrative or informal
determination cannot be used.
Requires additional investigation to make the final
determination.
Example: Mechanic falling from an aircraft, after becoming
intoxicated during lunch.
Types of Determinations
Interim Determinations
Used when LOD cannot be finalized within 7 days
of notification and incapacitation pay entitlements
may be possible
Valid for no more than 90 days
Not used when there is clear and convincing evidence
of EPTS condition or misconduct
Recorded in an interim memorandum and forward to
NGB for a control number and also to servicing FSS for
processing
Responsibilties
Air Force Medical Facility
LOD Process initiated by a medical officer’s review
Administrative determination can be made
Immediate Commander
Unit commander or senior commander present
Investigate the circumstance of the case
Fill out items 13-17 on the back of AF Form 348
Request an interim LOD if required
Send the AF Form 348 to the Appointing Authority,
through the SJA.
Responsibilities
Appointing Authority
The senior commander present (may be the immediate
Commander)
Responsible for reviewing the AF Form 348 and taking
the following actions:
Coordinate through SJA and ensure Formal Determinations are
made when required
Assign a Investigating Officer in formal determinations
Concur with the immediate commander if appropriate
FSS Special Actions Section
Acts on behalf of the appointing authority
Sets up suspense and monitors progress
Responsibilities
Staff Judge Advocate
Reviews the commander’s recommendation for
legal sufficiency and conduct
Coordinates to ensure a formal investigation is
completed when appropriate
Concur/ not concur with the recommendation
Investigating Officer
Conducts the investigation IAW 36-2910,
attachment 3
Responsibilities
Reviewing Authority
Senior commander present (Can be the appointing
authority)
Can return file for further investigation is warranted
If no further actions required, forwards case to the
approving authority
Approving Authority
TAG
Can return file for further investigation if warranted
Responsibilities
First Sergeant
It is your responsibility to look after your member
and ensure they have what they need. Remember
that you may not have full access to all the
information in the LOD because of HIPPA.
LOD Determination Package
 LOD Determination Packages:
 Medical documentation to support the claim
 Ensure AF Form 348 is legible and completed properly
(including signatures)
 Documentation establishing the members status at the
time off the claim
 A unit legal review is helpful, but not required
 AF Form 422, when available
 Submit in original and 4 copies
Summary
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Definition
Purpose
Who it Applies to
When Determinations are Required
Types of Determinations
Responsibilities
LOD Packages