Line of duty determination, your benefits Published June 8, 2015 By 2nd Lt. James A. Forrest 71st Flying Training Wing Legal Office VANCE AIR FORCE BASE, Okla. -- The 101 critical days of summer -- Memorial Day through Labor Day -- have finally arrived. Summer in Oklahoma is a time to relax and enjoy a much-needed vacation and not worry about a thing, right? Not quite. History shows that during the summer months the percentage of service members and family members who are injured during their off-duty time increases. However, a majority of these incidents are easily preventable. You may not think about line of duty determinations when planning vacations, but it is important to understand what you are and are not responsible for. What if you are injured while water skiing at the lake this summer? What if you are drinking alcohol at the time of your injury? What if you didn't fill out an Air Education and Training Command Form 29B, or if you didn't properly request leave? What if the injury is caused by your own misconduct or negligence? An LOD determination is a process to determine a member's status at the time of injury, illness, disability or death. The member may be entitled to benefits administered by the Air Force, or exposed to liabilities, depending upon whether the member suffers injury, illness, disability or death "in the line of duty." An LOD determination investigation is initiated when a member, whether he or she was hospitalized or not, has an illness, injury or disease that results in one of three different outcomes: - He or she is unable to perform military duties for more than 24 hours after the injury. - There is a likelihood of permanent disability as a result of the injury. - He or she dies on active duty. If a member suffers injury, illness, disability or death as a result of his or her own misconduct or negligence, or while improperly absent from duty, for example, AWOL, then the member may lose benefits he or she would otherwise be entitled to. According to AFI 36-2910, Line of Duty (Misconduct) Determinations, there are four different conclusions or determinations to reach: - Existed Prior to Service, LOD Not Applicable: The illness, injury or disease is found to have existed prior to service. - In Line of Duty: This is the presumed determination unless disease, death, illness or injury occurred while the member was absent without authority or as a result of member's misconduct. - Not in Line of Duty, Due to Own Misconduct: When a formal investigation determined that the member's illness, injury, disease or death was caused by the member's own misconduct -- regardless of whether member was AWOA. - Not in Line of Duty, Not Due to Own Misconduct: When a formal investigation determined that the member's illness, injury, disease or death occurred while the member was absent from duty. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment and veteran benefits. According to AFI 36-2910, Line of Duty (Misconduct) Determination: - An Airman can lose or have disability retirement and severance pay reduced if an injury occurred due to his or her own misconduct. - An Airman can lose pay for the period of time he or she was absent from military duty. - Any time in the hospital, or any time in which an Airman is unable to work could be determined as "bad time" and can extend their enlistment period. - An Airman's veteran benefits may be negatively impacted. - Surviving family members may not be eligible for the Survivor Benefit Plan. Additionally, survivors of the military member may no longer be eligible for basic educational assistance death benefits. Leaving the local area without authorization and engaging in reckless behavior can cost you if you are injured. Accidents attributed to excessive alcohol consumption most commonly result in a line of duty investigation. Before you drink and drive, drink and water ski, or drink and skydive, ask yourself whether you and your family can afford to pay for your long-term treatment if you are injured. For more information on this topic, visit afjag.af.mil, refer to AFI 36-2910, AFI 36-3002, or contact the Legal Office at 213-7404.