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

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Presentation on theme: "LINE OF DUTY DETERMINATION Overview:  Reference  Definition and Purpose  Who does it apply to  When determinations are made  Possible LOD determinations."— Presentation transcript:

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2 LINE 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

3 Reference: AFI Line of Duty (LOD) Determination AFRCI Incapacitation Pay and Management of Reservist Continued on Active duty Orders MP1 REFERENCES

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 (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 AFRC member applying for incapacitation pay MP4 WHEN DETERMINATIONS ARE REQUIRED

8 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 MP3 Possible LOD Determinations

9 1.Administrative Determinations 2.Informal Determinations 3.Formal Determinations 4.Interim LOD for Reserve Members MP6 Types of Determinations

10 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. Incapacitation Pay

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

12 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

13 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

14 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. MP6 Types of Determinations

15 MP7 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 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

16  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 , 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 is warranted  Approve final determination and forward the file to HQ ARC/DP MP7 Responsibilities

17 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 MP8 LOD Determination Package

18 BACK PAGE OF AF Form 348

19 ITEM 13 Relates to the actual duty status of the member at the time the death, illness, injury or disease occurred. MP8 AF Form 348

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21 ITEM 14 Record completely and concisely the circumstances surrounding the death, illness, injury or disease based on the immediate commander's informal investigation. DO NOT SAY "SEE ITEM 11." If you need more space, use plain bond paper and identify it as item 14. Include the type of tour and the inclusive tour dates for ARC members. MP8 AF Form 348

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23 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. MP8 AF Form 348

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25 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 MP8 AF Form 348

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

28 LOD require Prompt and Accurate Action! MP8 AF Form 348

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

30 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

31 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

32 Scenario 3: 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? LINE OF DUTY DETERMINATION

33 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 DETERMINATION

34 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

35 The objective of the Reserve benefit system is to compensate, to the extent permitted by law, members of AFRC 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.  AFRCI  Incapacitation Checklist  Procedures on CPAY  Personnel Entitlement Briefing MP9 INCAPACITATION PAY

36 FIRST SERGEANT IT IS YOUR DUTY FIRST SERGEANT TO TAKE CARE OF YOUR AIRMEN AND OUR UNITED STATES AIR FORCE

37 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 Summary

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