3. LINE OF DUTY DETERMINATION Overview:  Reference  Definition and Purpose  Who it apply to  When determinations are made  Possible LOD determinations  Line of Duty determinations

4. Reference: AFI 36-2910 Line of Duty (LOD) Determination REFERENCES

5. 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 AND PURPOSE

6. Purpose: Protects the government against fraudulent injury claims Protects the rights of Air Force Airmen who are injured while in the line of duty. DEFINITION AND PURPOSE

7.  Active Duty members  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

8.  The death of a member (Admin Determination not Sufficient)  Inability to perform military duties exceeds 24 hours  The likelihood of a permanent disability  Medical treatment of a member (regardless of the military member’s ability to perform military duties)  The likelihood of an ANG member applying for incapacitation pay WHEN DETERMINATIONS ARE REQUIRED

9. –1. When there is a likelihood an ANG member may apply for incapacitation pay. –2. When the case involves service aggravated EPTS medical conditions. –3. When the medical condition involves a disease process such as coronary artery disease, cancer, diabetes mellitus, 6 SITUATIONS APPLY TO ANG

10. –4. All cardiac conditions, including heart attacks, rhythm disturbances, etc. –5. When the member has been hospitalized. –6. When the member requires continuing medical treatment or treatment in a civilian hospital 6 SITUATIONS APPLY TO ANG

11. 1. In Line of Duty 2.Existed Prior to Service (EPTS) 3. Not in Line of Duty -- Not Due to Misconduct 4. Not in Line of Duty -- Due to Misconduct Possible LOD Determinations

12. 1.Administrative Determinations 2.Informal Determinations 3.Formal Determinations 4.Interim LOD for Reserve Members Types of Determinations

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

14. 2. 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

15. 3. 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

16. Responsibilities  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.  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.  MPF Special Actions Section  Acts on behalf of the appointing authority  Sets up suspense’s and monitors progress

17. Responsibilities  Staff Judge Advocate  Reviews the commander’s recommendation for legal sufficiency's 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  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 is warranted

18. 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 of 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

19. Application Scenarios:  Make a Line of Duty determination for each situation  Justify your decision LINE OF DUTY DETERMINATION

20. Scenario 1: MSgt Cavalier slipped while coming down the stairs outside the office. It had been raining and water had collected on the landing between the flights of stairs. He twisted his knee and will probably require surgery. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION

21. Scenario 2: CMSgt Granato went to a pizza restaurant for lunch with another NCO. TSgt Anderson had three glasses of beer with the pizza. Thirty minutes after reporting back to work, TSgt Anderson fell from scaffolding while working on an aircraft engine. He sustained significant trauma to his back and missed two days of work. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION

22. Scenario 3: SrA Gatt was returning from a party Saturday night when she lost control of her car and hit a tree. She suffered a concussion and two broken ribs. Her blood-alcohol level was slightly above the threshold of legal intoxication. SrA Tucker was hospitalized for three days and returned to limited military duty on Wednesday. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION

23. Scenario 4: MSgt Kerr was enroute home from a UTA weekend. He left the unit immediately after the final training period. Ten minutes after leaving, his automobile was struck by another car that had run a stop sign. MSgt Kerr suffered a broken leg and facial lacerations. He was hospitalized overnight, and under the direction of his civilian physician, missed two days at his civilian job. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION

24. 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 IT IS YOUR DUTY FIRST SERGEANT TO TAKE CARE OF YOUR AIRMEN AND OUR UNITED STATES AIR FORCE LINE OF DUTY DETERMINATION

25. What do you think now? LOD yes or no???

26. Summary  Reference  Definition and Purpose  Who it apply to  When determinations are made  Possible LOD determinations  Line of Duty determinations