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Line of Duty

Line of Duty. Overview: Reference Definition and Purpose Who does it apply to When determinations are made Possible LOD determinations Types of determinations Responsibilities AF Form 348 Incapacitation Pay. LINE OF DUTY DETERMINATION. MP1 References.

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Line of Duty

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  1. Line of Duty

  2. Overview: Reference Definition and Purpose Who does it apply to When determinations are made Possible LOD determinations Types of determinations Responsibilities AF Form 348 Incapacitation Pay LINE OF DUTY DETERMINATION

  3. MP1 References • AFI 36-2910, Line of Duty (LOD) Determination • AFRCI 36-3004, Incapacitation Pay and Management of Reservist continued on Active Duty Orders

  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. MP2 DEFINITION AND PURPOSE

  5. Purpose: Protects the government against fraudulent injury claims Protects the rights of Air Force Airmen who are injured while in the line of duty. MP2 DEFINITION AND PURPOSE

  6. Active Duty Members USAF Cadets AFROTC AFRC and 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) Traveling to or from the place the member performs Active Duty Training or Inactive Duty Training MP3 WHO IT APPLIES TO

  7. The death of a member Inability to perform military duties exceeds 24 hours The likelihood of a permanent disability Medical treatment of a member The likelihood of an AFRC member applying for incapacitation pay MP4 WHEN DETERMINATIONS ARE REQUIRED

  8. 1. In Line of Duty Existed Prior to Service (EPTS) 3. Not in Line of Duty -- Not Due to Misconduct 4. Not in Line of Duty -- Due to Misconduct MP5 Possible LOD Determinations

  9. 1. Administrative Determinations Made by Medical Officer Includes: Existed Prior to Service Diseases MP6 Types of Determinations

  10. 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. MP6 Types of Determinations

  11. 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. MP6 Types of Determinations

  12. 4. Interim LOD for Reserve Members Used when LOD determination 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 HQ AFRC/DP for a control number and also to the servicing MPF for processing Example: A reservist is injured and hospitalized after an automobile accident while leaving from the UTA. MP6Types of Determinations

  13. Air Force Medical Facility LOD Process initiated by a medical officer’s review Administrative Determination can be made Immediate Commander AFRC unit commander or senior AFRC 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 AFRC 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 MP7 Responsibilities

  14. MP7 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 AFRC 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 • For AFRC the Approving Authority is the AFRC/CV • Can return file for further investigation if warranted • Approve final determination and forward the file to HQ ARC/DP

  15. MP8 LOD Determination Package • LOD Determination Packages: • Medical documentation to support the claim • Ensure AF Form 348 is legible and completed properly (including signatures) • Documentation establishing the member’s 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

  16. FRONT PAGE OF AF Form 348

  17. BACK PAGE OF AF Form 348

  18. MP8 AF Form 348 • ITEM 15-- Check the appropriate block. If intentional misconduct or willful neglect of the member was not the proximate cause, check "neither of these" and specify the proximate cause. Refer to attachment 1, Glossary of references and support information, for explanation.

  19. MP8 AF Form 348 ITEM 16---(A2.2.6) Do not give "names and addresses" if the source of the information is the member or the police. Do not repeat names and addresses already appearing in item 12

  20. MP8 AF Form 348 ITEM 17 For ARC members, check one of the four blocks. The immediate commander must date and sign the form

  21. MP8 AF Form 348 LOD require Prompt and Accurate Action!

  22. The objective of the Reserve benefit system is to compensate, to the extent permitted by law, members of the Air Force Reserve who experience incapacitation or loss of civilian earnings as a result of an injury, illness, or disease incurred, re-injured or aggravated in the line of duty, and provide the required medical and dental care associated with the incapacitation. MP9 INCAPACITATION PAY

  23. AFRCI 36-3004 Incapacitation Checklist Procedures on CPAY Personnel Entitlement Briefing Medical Briefing Personnel Briefing INCAPACITATION PAY

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

  25. Scenario 1: SSgt Peterson 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

  26. Scenario 2: TSgt Bouchard 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

  27. Scenario 3: During annual tour, SrA Tucker 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. LINE OF DUTY DETERMINATION Is a LOD required? Why or Why Not?

  28. Scenario 4: MSgt Daniels 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 Daniels 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. LINE OF DUTY DETERMINATION Is a LOD required? Why or Why Not?

  29. First Sergeant Academy Our Job Is People, Everyone is our Business QUESTIONS? Integrity – Service – Excellence

  30. Summary • Review: • Reference • Definition and Purpose • Who does it apply to • When determinations are made • Possible LOD determinations • Types of determinations • Responsibilities • AF Form 348 • Incapacitation Pay

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