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Line of Duty

First Sergeant AcademyLINE OF DUTY DETERMINATIONLINE OF DUTY DETERMINATION

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

First Sergeant AcademyMP1 References

AFI 36-2910, Line of Duty (LOD) Determination

AFRCI 36-3004, Incapacitation Pay and Management of Reservist continued on Active Duty Orders

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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.

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Purpose:

Protects the government against fraudulent injury claims

Protects the rights of Air Force Airmen who are injured while in the line of duty.

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Active Duty MembersUSAF CadetsAFROTCAFRC 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

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The death of a member Inability to perform military duties exceeds 24 hours

The likelihood of a permanent disabilityMedical treatment of a member The likelihood

of an AFRC member applying for incapacitation pay

MP4 WHEN DETERMINATIONS ARE REQUIREDMP4 WHEN DETERMINATIONS ARE REQUIRED

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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

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1. Administrative DeterminationsMade by Medical OfficerIncludes:

–Existed Prior to Service–Diseases

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2. 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.

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3. 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.

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4. Interim LOD for Reserve MembersUsed when LOD determination 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

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.

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First Sergeant AcademyMP7 ResponsibilitiesMP7 Responsibilities

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

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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

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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

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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.

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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

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

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LOD require Prompt and Accurate Action!

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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.

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AFRCI 36-3004Incapacitation ChecklistProcedures on CPAYPersonnel Entitlement BriefingMedical BriefingPersonnel Briefing

INCAPACITATION PAY INCAPACITATION PAY

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Application Scenarios:

Make a Line of Duty determination for each situation

Justify your decision

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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?

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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?

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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.

Is a LOD required? Why or Why Not?

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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.

Is a LOD required? Why or Why Not?

LINE OF DUTY DETERMINATIONLINE OF DUTY DETERMINATION

FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business

Integrity – Service – Excellence

QUESTIONS?

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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

SummarySummary