GUIDE FOR PREPARATION

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GUIDE FOR PREPARATION OF LINE OF DUTY
INVESTIGATIONS
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NOTIFICATION INFORMATION
HQS LAARNG ATTN LANG-DMP-XH JACKSON BARRACKS NEW
ORLEANS, LA 70146 PHONE (504)
278-8352/8526 FAX [phone]
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OBJECTIVE

• Through your review of this guide, you will gain
  confidence in your ability to perform the
  following tasks
• Reporting Procedures
• When to process an Admin LOD, an Informal LOD,
  and a Formal LOD.
• How to determine documentation required for each
  type LOD.
• How to distinguish between illness and disease.

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SOLDIERS RESPONSIBILITIES

• Understand the importance of the LODI in
  protecting his or her rights.
• Immediately notify their unit Commanders, 1SG,
  or a designated representative of an injury,
  illness or disease which
• Existed Prior to the start of training.
• Occurs or is aggravated during the training
  period.
• Manifests itself in the period immediately
  following the training period.

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SUSPENSE DATES
ADMIN -- Unit Level Cdr approval - Not
requirement to submit to XH. INFORMAL 15 DAYS
FROM DATE OF INJURY/ILLNESS FORMAL 45 DAYS
FROM DATE OF INJURY/ILLESS OR DISEASE
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UNIT COMMANDERS RESPONSIBILITIES

• Notify LANG-DMP-XH of the incident immediately,
  but not later than the next work day.
• Insure entries are made on the Unit Training
  Record (DA Form 1379) for all injuries,
  illnesses, diseases that occur or are aggravated
  during the training period.
• Insure that soldiers understand the importance
  of the LODI process.
• At the final formation query members about
  unreported injuries, etc, and initiate LODI if
  necessary.
• Insure each soldier understands his/her
  responsibility to report injuries, illness or
  disease promptly.
• Ensure the soldier understands and signs the
  Disability Counseling Statement. This statement
  must be completed any time a LODI is initiated.

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TRAINING STATUS
This is a general overview of the steps and
procedures for processing three types of line of
duties (admin, informal, formal) on soldiers of
the Army National Guard, performing training or
duty under Title 32, USC and Title 10 USC. Who
a. Are injured, become ill, contract a disease or
die while traveling to or from, or performing
training under Section 502, Title 32, USC -
Inactive Duty Training (IDT). b. Are injured,
become ill, contract a disease, or die while
traveling to or from, or performing training
under the following (1) Section 503, Title 32
USC - AT (2) Section 504, Title 32, USC -
Marksmanship Competition. (3) Section 505,
Title 32, USC - Service Schools (ADT or ADSW).
(4) Section 502f, Title 32, USC - AGR (5)
Section 1230d, Title 10, USC - OCONUS Training.
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LOD Determination Chart
ADMINISTRATIVE LOD - Soldier Injured During
Training (Minor Injury) - No
Medical Care Beyond end of Training - No Lost
Civilian Income - No Civilian Care
YES - ADMIN LOD
INFORMAL LOD - Soldier Injured During Training -
May Lose Time from Civilian Work - NOT a Vehicle
Accident - NO Permanent Disability - NOT a Death
Case - NOT Self Inflicted - NOT a Disease - NOT
EPTS or EPTS Aggravated - Any Civilian Care
Received
No
FORMAL LOD - Death Case - Misconduct - Permanent
Disability - Self Inflicted. - Disease -
Drugs/Alcohol Involved - Vehicular Accident
(Civilian/Military) - EPTS/EPTS Aggravated - NOT
in Line of Duty Determination
No
YES - INFORMAL LOD
YES - FORMAL LOD
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ADMINISTRATIVE LINE OF DUTY
Administrative LODs are prepared when the
soldier was treated by a military doctor and is
fully restored to duty prior to the end of the
duty period and no further treatment is
anticipated. The injury, illness, or disease was
in line of duty and an informal or formal line of
duty is not specifically required. Original DA
Form 2173 is marked ADMINISTRATIVE APPROVED,
and dated, preferably across the top. The form
becomes a part of the soldiers MPRJ.
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ADMINISTRATIVE LOD DOCUMENTS
DA FORM 2173 DD FORM 689 SF 600 OR SF
513 TRAINING SCHEDULE / 1379 PAGE OR ORDERS
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INFORMAL LINE OF DUTY
Informal LODs are prepared when treatment may
extend beyond the end of the period of authorized
training and Incapacitation pay may result
because of the injury. When must you do an
INFORMAL LOD? (a) For an injury, illness, or
disease that generally has a short duration with
no long term residual effects. (b) For an
injury, illness, or disease that was clearly
incurred as a result of the present
incident/duty. (c) Civilian care is provided.
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INFORMAL LODs CONT
The following are a few of the most common
informal line of duties TRAUMA Wounds Sprains/Str
ains Dislocations Heat Exhaustion Dental
Trauma Lacerations ACUTE ILLNESSES DURING
TRAINING OTHER THAN IDT Cold/Flu Symptoms Acute
Bronchitis Poison Ivy Conjunctivitis
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INFORMAL LODS CONT
If it is felt that a soldier reported to duty
with an injury, illness, or disease which has
been determined to have existed prior to service
(EPTS), a formal line of duty investigation is
required. Conditions which exist prior to
service and were not aggravated by service are
not the liability of the Government (i.e. the
soldier is not entitled to medical care or
compensation). The final determination of an
Informal line of duty can only result in IN LINE
OF DUTY. If the finding is adverse (NOT IN THE
LINE OF DUTY), a formal line of duty is required.
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FORMAL LINE OF DUTY
A FORMAL INVESTIGATION is a detailed
investigation that normally begins with DA Form
2173 completed by the Medical Treatment Facility
and the Unit Commander. The Appointing Authority
on receipt of the Informal LOD, appoints an
Investigation Officer (IO), who completes the DD
Form 261 (Report of Investigation - Line of Duty
and Misconduct Status) and appends appropriate
statements and other documentation to support
his/her findings. FORMAL INVESTIGATIONS are
conducted essentially to arrive at a
determination as to whether misconduct or
negligence was involved in the injury, illness,
disease, or death, and if so, to what degree.
Depending on the circumstances in the case, an
investigation may or may not be required to make
the determination. All findings must be factual
and supported by evidential exhibits attached to
the DD Form 261.
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FORMAL LODS CONT
WHEN MUST YOU DO A FORMAL LOD INVESTIGATION Injur
y, illness, or disease incurred or contracted
under doubtful circumstances or where there is
any question as to whether the soldier was in a
duty, training, or travel status which appears to
be NOT IN LNE OF DUTY, and the following may
apply (a) Permanent Disability may result (b)
Death Resulted (c ) Injury, illness, disease, or
death occurred during a period of AWOL (d)
Injury, illness, disease, or death may have
resulted from misconduct or willful
negligence. (e) Self inflicted injury or
suicide. (f) Injury, illness, disease, or death
of a soldier while traveling to or from
training. (g) Soldier disabled due to disease
beyond the end of the period of training.
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FORMAL LODS CONT
(h) Mental, psychoneurotic or personality
disorder may be involved. (I) Injury involving
the abuse of alcohol or drugs. (j) Injury or
disease that existed prior to service (EPTS)
(whether service aggravated or not) (k) Vehicular
Accidents when involving civilians or civilian
private vehicles. (l) Upon the soldiers request
(i.e. dental problems, STD, etc.) If an adverse
finding is contemplated against the soldier,
based upon information obtained in the LODI, the
IO will notify the member, in writing, of the
proposed adverse finding and provide a copy of
the LODI and the supporting exhibits. The soldier
is offered the opportunity to make a statement.
This notification must be made by the IO using
certified mail.
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INVESTIGATING OFFICER
IO is appointed for a formal LODI - Appt by 0-5
level commander. Cannot be Co Cdr. The IO may
be a commissioned officer or warrant officer.
Must be senior in grade to injured soldier. The
IO must gather all facts IMMEDIATELY. LODIs are
relatively easy, if done immediately. They only
become difficult when they are not completed at
the time of the incident. A LODI is to determine
when, what, where, and how the soldier was
injured or incurred an injury, illness or disease
as a result of his/her military duties. MOST
incidents are IN LINE OF DUTY however,
soldiers reporting to drill or annual training
with a pre-existing condition, or concealed
condition, was drinking, using drugs, worked
three jobs and had not slept, was goofing off, or
was AWOL may be found NOT IN LINE OF DUTY, etc.
All these things must be thoroughly investigated.
Just because a soldier came to drill does not
automatically mean IN LINE OF DUTY. Investigate
all the facts at the time of the incident.
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INVESTIGATING OFFICER CONT
Appoint an IO who is readily available to spend
time on the case. Avoid an IO who knows the
soldier already and may have a biased opinion one
way or the other. IOs have a dual responsibility
to both the soldier and the Government
therefore, all investigations must clearly
document the facts. IOs must be sure that the
soldier is aware of his/her rights. The presence
of a timely LODI cannot be stressed enough.
Witness statements obtained at the time of the
injury are more credible than those obtained a
year or two later. Memories fade after time and
even change.
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ILLNESS
Illness generally has a short duration with long
term residual effects. EXAMPLE OF ILLNESS Cold
/ Flu Bronchitis Upper Respiratory
Infections Conjunctivitis Sinusitis
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DISEASE
Disease is defined as an abnormal physiological
functioning Diseases are generally more serious
in nature and have long term effects A disease
may go into remission and later become
symptomatic. Disease generally has an incubation
period before becoming symptomatic. Symptoms of
disease may be either chronic or acute.
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DISEASE CONT
EXAMPLES OF DISEASE
Heart disease Cancer HNP Degenerative
Joint/Disc disease Hepatitis / HIV Hypertension
Female Disorders Pink Eye Carpal Tunnel
Syn Strokes Psychiatric Disorders