line of duty afi 36-2910

Definition Purpose Who it Applies to When Determinations are Required Types of Determinations Responsibilities LOD Packages

Overview

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.

DefinitionDefinition

Protect the government against fraudulent injury claims

Protect the rights of Air Force Airmen who are injured while in the line of duty

Purpose

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)

Who It Applies To

The death of a member Inability to perform military duties exceeds 24hrsThe likelihood of a permanent disabilityMedical treatment of a member (regardless of

member’s ability to perform duties)The likelihood of an ANG member applying for

incapacitation pay

When Determinations are Required

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

Line of Duty Determination

In Line of Duty Existed Prior to Service (EPTS)Not in Line of Duty - Not Due to

MisconductNot in Line of Duty - Due to Misconduct

Possible LOD Determinations

Administrative DeterminationsMade by Medical OfficerIncludes:

Existed Prior to ServiceDiseases

Types of Determinations

Informal DeterminationsRequired when an administrative cannot be madeAppears 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 DeterminationsUsed 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 DeterminationsUsed when LOD cannot be finalized within 7 days of

notification and incapacitation pay entitlements may be possible

Valid for no more than 90 daysNot used when there is clear and convincing evidence of

EPTS condition or misconductRecorded in an interim memorandum and forward to NGB

for a control number and also to servicing FSS for processing

Types of Determinations

Air Force Medical Facility LOD Process initiated by a medical officer’s reviewAdministrative determination can be made

Immediate CommanderUnit commander or senior commander presentInvestigate the circumstance of the case Fill out items 13-17 on the back of AF Form 348Request an interim LOD if requiredSend the AF Form 348 to the Appointing Authority,

through the SJA.

Responsibilties

Appointing AuthorityThe 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 requiredAssign a Investigating Officer in formal determinationsConcur 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 AdvocateReviews the commander’s recommendation for

legal sufficiency and conductCoordinates to ensure a formal investigation is

completed when appropriateConcur/ not concur with the recommendation

Investigating Officer Conducts the investigation IAW 36-2910,

attachment 3

Responsibilities

Reviewing AuthoritySenior commander present (Can be the appointing

authority)Can return file for further investigation is warrantedIf no further actions required, forwards case to the

approving authority

Approving AuthorityTAGCan return file for further investigation if warranted

Responsibilities

First SergeantIt 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.

Responsibilities

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

LOD Determination Package

Definition Purpose Who it Applies to When Determinations are Required Types of Determinations Responsibilities LOD Packages

Summary