Posted by:
steve benson
(
)
Date: October 21, 2011 04:10PM
"Military Line of Duty (LOD) Investigations: What Are They, How Can They Affect You? . . .
"Guide Note: This article is written from the point of view of the Army, but applies equally to all of the services. . .
"LOD investigation is generally conducted whenever a soldier acquires a disease, incurs a significant injury or is injured under unusual circumstances. There is a presumption that all diseases, injuries or deaths occur 'in the line of duty - not due to own misconduct.' A LOD investigation helps determine a soldier's entitlement to pay and allowances, accrual of service and leave time and, in some cases, disability retirement. A soldier receives these benefits only if the final determination is 'in line of duty - not due to own misconduct.'. . .
"Once all of the evidence is gathered, the IO reviews it carefully and is required to make one of three determinations concerning your status- (1) 'in the line of duty- not due to own misconduct'; (2) 'not in the line of duty- not due to own misconduct'; or, (3) 'not in the line of duty- due to own misconduct.'
"If the injury or disease is caused by the soldier's intentional misconduct or willful negligence, the IO may determine the soldier's injury or disease to be 'not in the line of duty - due to own misconduct.' 'Willful negligence' is the conscious and intentional omission of the proper degree of care under the circumstances.
"Factors leading to adverse determinations include: whether the soldier was under the influence of alcohol or drugs; whether he was the aggressor or voluntarily participated in a fight; or whether he acted in a manner considered extremely erratic or reckless without regard for his personal safety or the safety of others.
"An investigating officer may determine that running with the bulls is extremely reckless and therefore, find the soldier to be, 'not in line of duty — due to own misconduct.'
"The consequences of this determination can be significant. Any time the soldier was not present for duty due to hospitalization, being on quarters or being on convalescent leave is counted as bad time. Bad time has to be made up. This means that a soldier's ETS date will be moved back one day for every day the soldier is not present for duty."
("Military Line of Duty (LOD) Investigations: What Are They, How Can They Affect You?," at:
http://usmilitary.about.com/library/milinfo/milarticles/bllod.htm)
Edited 1 time(s). Last edit at 10/21/2011 04:12PM by steve benson.