Off-duty injuries can affect military, health benefits Published May 7, 2014 By 2nd Lt. Alexandra Garced 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? Well, almost. History shows that during the summer months the percentage of servicemembers and families who are injured during their off-duty time increases. The good news is that a majority of these incidents are preventable. Now, few Airmen will think 'Line of Duty determination' 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 alcohol is involved at the time of your injury? What if you hadn't filled out an Air Education and Training Command Form 29B, or if you did not request leave? What if the injury is caused by your own misconduct? What if the action is willful negligence? To start off, I'll explain what a Line of Duty Determination is. According to the "Military Commander and the Law," 2012 edition, an LOD is "an administrative tool for determining a member's status at the time of an injury, illness, disability or death is incurred ... 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." A Line of Duty determination investigation will be 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: The first is if the Airman is unable to perform military duties for more than 24 hours after the injury. The second is if there is a likelihood of permanent disability as a result of the injury. The third is if a military member dies on active duty. This applies to you because if a servicemember dies or is injured while absent from duty or due to his or her own misconduct, he or she stands to lose substantial government benefits. According to AFI 36-2910, Line of Duty (Misconduct) Determinations, out of an investigation can come four different conclusions, or "determinations:" 1. Existed Prior to Service LOD Not Applicable: The illness, injury or disease is found to have existed prior to service. 2. 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. 3. Not in Line of Duty, Due to Own Misconduct: When a formal investigation determines that the member's illness, injury, disease or death was caused by the member's own misconduct -- regardless of whether member was AWOA. 4. 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. Here is an example of a determination to an average Airman. If Airman John Doe is drunk and goes water skiing for the first time on a trip that where he failed to fill out a Form 29B for or properly take leave, and injured himself, he might be considered "Not in Line of Duty, Due to Own Misconduct." On the contrary, if he were on leave, filled out a Form 29B, was an experienced water skier, and was sober, his determination would likely be "In the Line of Duty." Regardless, every case is examined based on its unique facts and an Airmen's actions. After the determination is made in an LOD investigation, a variety of unpleasant things can occur. According to AFI 36-2910, an LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran benefits. An Airman can lose or have disability retirement and severance pay reduced if a injury occurred due to his or her own misconduct. Second, an Airman may lose pay for the period of time he or she was absent from military duty. Third, 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 your enlistment period. Fourth, the Airman's veteran benefits may be impacted negatively. Fifth, 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. Improperly filling out leave on LeaveWeb or not bothering to submit a 29B can cost you way more than the value of the weekend you were trying to sneak in without using your saved leave days. Ask yourself, "Is this worth it?" For more information on this topic, visit afjag.af.mil, refer to AFI 36-2910, AFI 36-3002, Casualty Services, or call the Legal Office at 213-7404.