ANG Line of Duty Determination (new window)
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Transcript ANG Line of Duty Determination (new window)
Overview
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
Definition
Purpose
Who it Applies to
When Determinations are Required
Types of Determinations
Responsibilities
LOD Packages