Line of duty determination can deny benefits

  • Published
  • By Capt. Amy K. Budney
  • 71st Flying Training Wing Deputy Staff Judge Advocate
VANCE AIR FORCE BASE, Okla. --  You have a three-day weekend, so you decide to head to Colorado for some long overdue skiing. As you stand on top of the Rocky Mountains, you feel exhilarated from the blue sky and cool, crisp mountain air. 

You begin your descent down a double-black diamond trail only to realize that your skiing skills are lacking. As you swerve to miss an 8 year old you plow into the beautiful evergreens that grow so tall and sturdy in Colorado. 

You wake up in the hospital with two broken legs, thankful your injuries are not worse.
When you report for duty a week later, your supervisor calls you into his office and mentions something about a Line of Duty determination. You wonder what a LOD determination is because you definitely never considered this when you got off the ski lift. 

According to The Military Commander and the Law, 2008 edition, " Line of Duty determination is an administrative tool for determining a member's duty status at the time an injury, illness, disability, or death is incurred. On the basis of the LOD determination, the member may be entitled to benefits administered by the Air Force, or exposed to liabilities. The key is the nexus between the injury, illness, disability, or death and the member's duty status." 

The LOD investigation must be initiated in three situations. The first is when the military member cannot perform his military duties for more than 24 hours as a result of the injury. Second, the injury is very likely to cause permanent disability. Third, the military member dies on active duty. If any of these situations occur, a LOD determination must be made. 

There are four possible determinations: 

In Line of Duty.
Not in Line of Duty, not due to own misconduct.
Not in Line of Duty, due to own misconduct.
Existed prior to service, LOD not applicable. 

The injury or death is presumed to have occurred "In Line of Duty" unless the preponderance of the evidence can rebut the presumption and result in a determination other than "In Line of Duty." 

The facts are very important. What was your duty status? Were you on leave? Did you legitimately head to Colorado for the long weekend fully intending to report to duty on Tuesday? 

Did you just get tired of working so hard and decide to reward yourself without talking to your supervisor and requesting leave? Were you drunk or high when you thought you could ski down a double-black diamond trail? Was the injury or death caused by intentional misconduct? Was the action willful negligence? 

Your duty status will influence the determination. If you were AWOL, this would narrow the determination down to "Not in the Line of Duty, not due to own misconduct" or "Not in the Line of Duty, due to own misconduct." 

After looking at your duty status, your actions will be scrutinized. If you were drunk, high, or willful negligent, you will not be considered "In the Line of Duty." 

Even if you were on leave or legitimately in Colorado over your long weekend, your hazardous actions could take you out of the line of duty if they were the proximate cause of your injuries. 

For instance, even if you were on leave, if you decided to ski down the double-black diamond trail on a dare after consuming eight shots of whiskey when you have never skied before, you could be considered "Not in Line of Duty, due to own misconduct." 

If you were on leave, had been skiing before but challenged yourself, and were sober, you would be determined "In the Line of Duty." Each case will be examined based on its unique facts. 

According to AFI 36-2910, a service member who dies or sustains an illness, injury, or disease either while absent from duty, or due to his or her own misconduct, stands to lose substantial government benefits. The financial consequences of a LOD determination may be substantial for you and your family. 

Your disability retirement and/or severance pay may be lost or reduced. Second, you may lose your pay for that week when you were absent from military duty. Third, the week in the hospital may be considered "bad time." These seven days would have to be added to the end of your enlistment. Fourth, your veteran's benefits may be impacted as the Department of Veteran Affairs may use the military records. Fifth, the surviving family members may not be eligible for the Survivor Benefit Plan. And finally, survivors of the military member may no longer be eligible for basic educational assistance death benefits. 

As you can see, the actions you take today can financially affect your future as well as the financial future of your family. Before you follow through with your next urge to challenge yourself after consuming eight shots of whiskey, you may want to think about a LOD determination. 

Doing double-black diamonds is great -- doing double-black diamonds drunk is not.