Manage Line Of Duty Investigations Fort Jackson, South Carolina Basic Officer Leadership Course Warrant Officer Basic Course Adjutant General School U.S. Army Soldier Support Institute Fort Jackson, South Carolina

Terminal Learning Objective ACTION: Manage Line of Duty Investigations CONDITION: Given a requirement to manage LOD investigations and access to AR 600-8-4. STANDARDS: The student will meet the standards when they accurately: 1. Define LOD investigations and their uses. 2. Identify basic guidelines and procedures for managing LOD investigations. 3. Identify S-1 responsibilities in LOD investigations.

References Administrative Army Electronic Publications https://akocomm.us.army.mil/usapa/epubs/ AR 600-8-4, Line of Duty Policy, Procedures, and Investigations AR 635-40, Physical Evaluation for Retention, Retirement, or Separation AR 135-381, Incapacitation of Reserve Component Soldiers DA PAM 135-381, Incapacitation of Reserve Component Soldiers Processing Procedures AR 220-45, Duty Rosters AR 15-6, Procedures for Investigating Officers and Boards of Officers AKO Knowledge Collaboration Center (KCC)

Outline Purpose Requirements Types of LOD Investigations S-1 Responsibilities Managing Line of Duty Investigations

Purpose Why does the Army conduct LOD investigations? Protects the interests of the individual Soldier Protects the interests of the U.S. Government Documents medical conditions for MEB/PEB processing Documents “service connection” for Veterans Administration benefits Disability retirement and severance pay Medical and dental care (USAR/ARNG) Extension of enlistments Forfeiture of pay

Requirements for an LOD What medical situations require an LOD investigation? Hospitalization Injury from motor vehicle accident Fractures (ankle, finger,wrist, hand) Head injury (concussion) Strains and Sprains (neck, back, knee) Joint injuries (hip, knee, shoulder) Allergic reactions (bee sting, poison ivy, etc.) Disease EPTS conditions Directed or requested In all other cases of death or injury, except injuries so slight as to be clearly of no lasting significance (for example, superficial lacerations or abrasions or mild heat injuries), an LOD investigation must be conducted. AR 600-8-4, paragraph 2-3(b) EXAMPLES

Personnel Policy Guidance (PPG) Published by the Army G-1 for personnel who are activated, mobilized, employed, or deployed in support of contingency operations. Chapter 9 (Casualty Operations) of the HQDA PPG provides exceptions to current LOD processing policy. Final approval authority Combat/non-combat deaths Cessation of imminent death Combat/non-combat injuries Disease conditions http://www.armyg1.army.mil/MilitaryPersonnel/ppg.asp

Informal LOD An informal investigation should be performed in cases where: the Soldier's injury/illness is not a result of misconduct or negligence did not happen under doubtful circumstances documentation clearly defines the who, what, why and how of the injury/illness.

Processing Informal LOD Step Performed By Completion 1. Complete 5 copies of Section I Statement of Medical Exam and Duty Status (DA Form 2173) 2. Request DA Form 2173 from MTF if not previously received 3. Complete Section II, DA Form 2173, attach supporting documents, and send original and two copies to the appointing authority for units in the area where the incident occurred. 4. Review the investigation for completeness and required documents. MTF commander Unit Appointing Authority Five (5) calendar days after the incident No later than 10 30 calendar days after incident 35 calendar days

Formal LOD Injury, disease, death, or medical condition that occurs under strange or doubtful circumstances or is apparently due to misconduct or willful negligence Injury or death involving the abuse of alcohol or drugs Self-inflicted injuries or possible suicide Injury or death incurred while AWOL Injury or death that occurs en route to final acceptance in the Army Death of a USAR or ARNG Soldier while participating in authorized training or duty Injury or death of a USAR or ARNG Soldier while traveling to or from training or duty When a USAR or ARNG Soldier serving on active duty for 30 days or less is disabled due to disease In connection with an appeal of an unfavorable determination of abuse of alcohol or other drugs When requested or directed

Processing Formal LOD Step Performed By Completion 1. Complete 5 copies of Section I Statement of Medical Exam and Duty Status (DA Form 2173). 2. Request DA Form 2173 from MTF if not previously received. 3. Complete Section II, DA Form 2173, attach supporting documents, and send original and two copies to the appointing authority for units in the area where the incident occurred. 4. Appoint, by memo, a disinterested officer to conduct the investigation. 5. Conduct a formal investigation and make a report on investigation on DD Form 261. 6. Review the investigation, complete the block titled "Action by Appointing Authority" on DD Form 261. 7. Review the investigation, complete the block titled "Action by the Reviewing Authority" on DD Form 261. 8. Review the investigation and enter the official designation of the HQs, the date, approval or disapproval of the findings, and signature. MTF commander Unit Appointing Authority Investigating Officer Reviewing Authority (ARNG only) Final Approving Five (5) calendar days after the incident No later than 10 days after the incident 30 calendar days after incident 35 calendar days after incident 50 calendar days after incident 65 calendar days after 70 calendar days after 75 calendar days after

Determination Memorandums Presumptive ILD/LOD Determination Memorandums Intent - used to expedite LOD determinations for Soldiers being REFRAD who would not otherwise receive an LOD (informal or formal) prior to REFRAD under current policy. Presumptive ILD determination memorandum cannot be used to render an adverse LOD determination; a formal LOD must be conducted to render an adverse LOD determination. Presumptive ILD memos are authorized when all of these conditions are met General Officers and MTF commanders (or their delegates) are authorized to issue presumptive ILD determination memorandums. Presumptive ILD determinations are made based on review of Soldier's medical record by qualified personnel. Injury occurred or was aggravated while the Soldier was ordered to active duty for more than 30 days on or after 10 September 2001 No indication of abuse of drugs or alcohol No indication of intentional misconduct or willful negligence No indication the Soldier was AWOL at the time of the injury Paragraph 9-4(g)(1) thru (4), HQDA G1 PPG

LOD Module - National Guard The Line of Duty (LOD) module provides a web-accessible comprehensive, user-friendly tool for use at Units, JFHQ-S, and National Guard Bureau to administer and manage LOD determinations, incapacitation pay, medical care, and safety programs. Electronic LOD processing and data transfer LOD helps the user get organized, complete the electronic DA Form 2173 and DD Form 261, transfer the forms electronically to the next step, and track the LOD Investigation actions. Electronic workflow process from Unit-BN-BDE-State-NGB-MMSO Enterprise visibility of entire LOD process for viewing of any LOD in the system based on access level All actions automatically logged/tracked Executive reporting across commands Faster LOD processing/determination Potential to feed eligibility data to DEERS Individual longitudinal history of all LODs completed on a soldier Provides an Investigating Officer Appointment Letter http://mods.army.mil

S-1 Responsibilities What responsibilities does the S-1 have in the LOD process? Manage the LOD investigation process within their unit Ensure LOD investigations are initiated promptly Appoint Investigating Officer on behalf of the Commander Coordinate with Staff Judge Advocate as required Monitor and track all ongoing LOD investigations Ensure all LOD suspense dates are met Ensure LOD investigations are in proper format Submit through channels to proper authority

Investigating Officer Appointing an Investigating Officer Chapter 2, AR 15-6 "Investigating officers....are best qualified for the duty by reason of their education, training, experience, length of service and temperament." Commissioned officer or warrant officer Senior to Soldier being investigated Provides facts of who, what, when, where, why, and how in the LOD investigation Provides supported evidential exhibits Investigating Officer Sample appointment memorandum of an IO under AR 15-6.

Duty Rosters - DA Form 6 AR 220-45 Obtain Commander's guidance. NATURE OF DUTY ORGANIZATION FROM (Date) TO (Date) DUTY ROSTER LOD Investigation Officer 1ST BCT Jan 2008 Jul 2008 AR 220-45 Obtain Commander's guidance. Track by LOD investigation versus days When a new duty roster is prepared, all names will be entered alphabetically within pay grade, beginning with the highest pay grade Only those persons required to perform the duty are included on the Duty Roster Month Day GRADE NAME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MAJ Ayer, Philip J. 16 19 11 8 9 10 2 3 7 17 1 2 13 11 12 6 7 10 3 2 3 1 12 13 14 7 8 11 4 MAJ Boardman, Jeremy H. 1 A 13 10 11 12 4 5 9 2 MAJ Jarrett, Alvin K. 12 9 10 11 3 4 8 1 MAJ Luders, David J. MAJ Smith, Paul K. CPT Evans, Nicole CPT Friends, Jacob L. CPT Hall, Sally Jo CPT Hamilton, Jerry S. CPT Talley, Eleanor B. CPT West, Matthew R. DA FORM 6, JUL 74 PREVIOUS EDITIONS OF THIS FORM WILL BE USED For use of this form, see AR 220-45

Managing LODs TRACKING TOOL EXAMPLE

AR 600-8-4 Table 3-1 (Informal) Managing LODs AR 600-8-4 Table 3-2 (Formal) AR 600-8-4 Table 3-1 (Informal) WHO WHAT WHEN MTF Cdr Complete Section 1, DA Form 2173 5 days Unit Cdr Request DA Form 2173 from MTF 10 days Complete Section 2, 30 days Appointing Authority Appoint Investigating Officer (IO) 35 days Investigating Officer Conduct investigation 50 days Review and sign 65 days WHO WHAT WHEN MTF Cdr Complete Section 1, DA Form 2173 5 days Unit Cdr Request DA Form 2173 from MTF 10 days Complete Section 2, 30 days Appointing Authority Review for completeness and required documents 35 days Final Approval Authority 40 days NOTE: All days are "calendar" days from the date of the incident.

Reviewing DA Form 2173 (1 of 2)

Reviewing DA Form 2173 (2 of 2)

Reviewing DD Form 261 (1 of 2)

Reviewing DD Form 261 (2 of 2)

Questions?

Summary Purpose Requirements Formal vs. Informal LOD S-1 Responsibilities Managing LODs

Terminal Learning Objective ACTION: Manage Line of Duty Investigations CONDITION: Given a requirement to manage LOD investigations and access to AR 600-8-4. STANDARDS: The student will meet the standards when they accurately: 1. Define LOD investigations and their uses. 2. Identify basic guidelines and procedures for managing LOD investigations. 3. Identify S-1 responsibilities in LOD investigations.