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
MP1 REFERENCES
Reference:
AFI 36-2910
Line of Duty (LOD) Determination
AFRCI 36-3004
Incapacitation Pay and Management of
Reservist Continued on Active duty Orders
MP2 DEFINITION AND PURPOSE
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
Purpose:
Protects the government against fraudulent
injury claims
Protects the rights of Air Force Airmen who are
injured while in the line of duty.
MP3 WHO IT APPLIES TO
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
MP4 WHEN DETERMINATIONS ARE REQUIRED
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
MP3 Possible LOD Determinations
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
MP6 Types of Determinations
1.
2.
3.
4.
Administrative Determinations
Informal Determinations
Formal Determinations
Interim LOD for Reserve Members
Incapacitation Pay
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.
MP6 Types of Determinations
1. Administrative Determinations
Made by Medical Officer
Includes:
–Existed Prior to Service
–Diseases
MP6 Types of Determinations
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
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
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.
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 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
 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 is warranted
 Approve final determination and forward the file to HQ ARC/DP
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 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
AF Form 348
BACK PAGE OF
MP8 AF Form 348
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
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
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
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
ITEM 17 For ARC members, check one of the four blocks. The immediate
commander must date and sign the form
MP8 AF Form 348
LINE OF DUTY DETERMINATION
Application Scenarios:
Make a Line of Duty determination for each
situation
Justify your decision
LINE OF DUTY DETERMINATION
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
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
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
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
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
MP9 INCAPACITATION PAY
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 36-3004
Incapacitation Checklist
Procedures on CPAY
Personnel Entitlement Briefing
FIRST SERGEANT
IT IS YOUR
DUTY FIRST SERGEANT
TO TAKE CARE OF
YOUR AIRMEN
AND OUR
UNITED STATES AIR FORCE
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