3.  Definition  Purpose  Who it Applies to  When Determinations are Required  Types of Determinations  Responsibilities  LOD Packages Overview

4.  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. Definition

5.  Protect the government against fraudulent injury claims  Protect the rights of Air Force Airmen who are injured while in the line of duty Purpose

6.  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

7.  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 When Determinations are Required

8.  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

9.  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 Possible LOD Determinations

10.  Administrative Determinations  Made by Medical Officer  Includes:  Existed Prior to Service  Diseases Types of Determinations

11.  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

12.  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

13.  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 Types of Determinations

14.  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. Responsibilties

15.  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

16.  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

17.  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

18.  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. Responsibilities

19.  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

21.  Definition  Purpose  Who it Applies to  When Determinations are Required  Types of Determinations  Responsibilities  LOD Packages Summary