line of duty afi 36-2910
DESCRIPTION
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 ? - PowerPoint PPT PresentationTRANSCRIPT
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