What is a Line of Duty Determination, what does it really mean to you?

  • Published
  • By Capt. Rachel Turner
  • 22nd Air Refueling Wing Legal Office
MCCONNELL AIR FORCE BASE, Kan. --  It's a four-day weekend and Senior Airman Huffy has been waiting months to go to Las Vegas. Unfortunately, his base commander set a two-hour limit on travel authorized without leave. Airman Huffy decides that a three hour flight isn't really a big deal and doesn't obtain leave authorization from his supervisor.

Airman Huffy spends all weekend in Vegas. With one day left, Airman Huffy is recalled to his duty location. Airman Huffy had been drinking all night and was still intoxicated at the time of the recall. While rushing to return the rental car and catch the next flight, he was involved in an accident. The next morning, Airman Huffy woke up in a hospital with a broken leg and concussion. Fortunately, the only permanent injury is a pin in his leg and a noticeable limp that he will likely have the rest of his life.

Upon returning to his duty station the following week, Airman Huffy's supervisor tells him to see Captain Jones in the communications squadron about an investigation. Airman Huffy doesn't know why he'd be involved in an investigation, but reports as ordered. Captain Jones introduces himself and tells Airman Huffy there is a Line of Duty investigation concerning his injuries.

A LOD investigation is conducted anytime a member acquires a disease, incurs a significant injury or dies under unusual circumstances. There can be one of three determinations - (1) "in the line of duty-not due to own misconduct"; (2) "not in the line of duty - not due to own misconduct"; and (3) "not in the line of duty - due to own misconduct." It is presumed that the LOD for active-duty members suffering a disease, injury or death is "in the line of duty - not due to own misconduct." The classification is important because a member receives full pay, allowances and benefits if the final determination is "in the line of duty - not due to own misconduct."

However, if the circumstances are determined not to be in the Line of Duty, the member could suffer a complete loss or reduction in disability, retirement and severance pay, forfeiture of pay or extension of enlistment. In some cases, an unfavorable LOD determination adversely affects the member's eligibility for veteran benefits and benefits under the survivor benefit plan.

Airman Huffy was found to be "not in the line of duty - due to own misconduct." First, Airman Huffy left the "local area" without proper leave authorization. Second, he drove his rental vehicle while intoxicated. These factors contributed to his final LOD determination. In addition, because Airman Huffy was not present for duty during his hospitalization, he now has bad time that must be made up by an extension of his enlistment. Finally, if Airman Huffy suffers any complications from his injuries after leaving active duty, the U.S. Department of Veterans Affairs may determine that he is not eligible for VA medical treatment because his injuries occurred "not in the line of duty." The VA may also determine that Airman Huffy is not entitled to disability benefits for the injury.

Certain circumstances and factors will almost always lead to an adverse LOD determination. Drug use is strong evidence of misconduct and any resulting illness, injury or death caused by the drug use will be determined to be "not in the line of duty - due to own misconduct." Tampering with or handling explosives, firearms or highly flammable liquids, in disregard of their dangerous qualities, is also strong evidence of misconduct. Finally, being under the influence of alcohol is another factor that will be considered intentional misconduct or willful neglect and will likely result in a finding of "not in line of duty - due to own misconduct."

Overall, Line of Duty investigations and determinations are not intended to inhibit members from participating in normal activities. However, members should exercise due care when participating in any inherently risky activity and refrain from being under the influence of drugs (including prescription drugs) or alcohol when it would impair the member's mental or physical abilities to safely participate in any activity.

Should you become the subject of a LOD investigation, contact your servicing legal assistance office immediately for assistance. You can contact the McConnell 's Legal Office at 759-3590.

*There is no Air Force policy creating an Air Force-wide hour limit restriction for travel authorized without leave. Here, there is currently no base policy for travel restrictions. Travel restrictions are set by your immediate commander.