Any wisdom, insights or experiences are greatly appreciated.
(Reservist) I was RTD on initial IRILO in 2015 . Advised that I didn't go through MEB due to not having an LOD. At that time, I was assigned to joint command, being seen by Army, paperwork up channeled through AD USAF to USAFR and no LOD was initiated during onset while on AD. Was IRILO'd for potentially unfitting conditions (spinal cord compression w/fusion and subsequent atrophy, radiculapathy). Annual RILO was done in summary for 2-years, now this year being asked for each condition to be done separately for each condition and new related issues of scapular winging and migraines. Med folks initiated LOD (joint command) and I was advised by USAFR SG office it won't be processed because while this happened on AD orders, I have been off order greater than the prescribed days (180 days reference below) that you can submit an LOD. Also, was advised that it's irrelevant and not needed since I have been processed through the VA for these conditions. Now that I may be facing potentially being found unfit....w/no LOD, they had the SG change the RILO form to "not in the line of duty". What are the implications of changing this from In the Line of Duty (ILOD) to NOT ILOD and what recourse do I have? Can I push back on getting an LOD processed? Does it matter? I’m at the 18 year 10 month mark and really don’t want to lose out on a Reserve retirement. I have seen the references to 10 U.S. Code § 12731b but am concerned because folks handling don’t reference this or any language/options therein and can’t seem to explain what may potentially happen if they come back with “unfit for duty”…..which honestly, they should in my humble opinion be fully capable of answering. Anyone know the possibilities?
Also, since it’s all through my Narrative Summaries and medical records that this occurred while on AD, how can they deny an LOD based on the below reg? The below reg is dtd 2016 and this occurred in 2011-12 and they gave me wide latitude to recover, but finally clipped my wings and "boarded/IRILO" me in 2015. My concern is how many troops are as unfamiliar with this as I was until told “you can’t get an LOD due to missing the 180 day filing deadline”. It seems a tad inequitable that the Reserve would say "so sorry" when the SM did the appropriate notifications and the only remedy being external to the Reserve. Maybe I'm old, bitter and my pain is getting the better of me...seems self-serving to me...tossing their mistake to another. I digress.
AFI36-2910
1.7.4. ARC only. After release from active duty or IDT, members have 180 days to ensure any illness, injury or disease that was incurred or aggravated while in a duty status is reported for LOD determination consideration. When the member does not report his/her illness, injury or disease, the member is presumed to be able to perform military duties, does not require treatment and has no unresolved health condition rendering the member unable to meet retention or mobility standards IAW AFI 48-123, Medical Examinations and Standards. The only avenue for addressing previously unreported illness, injury or disease is through the VA.
(Reservist) I was RTD on initial IRILO in 2015 . Advised that I didn't go through MEB due to not having an LOD. At that time, I was assigned to joint command, being seen by Army, paperwork up channeled through AD USAF to USAFR and no LOD was initiated during onset while on AD. Was IRILO'd for potentially unfitting conditions (spinal cord compression w/fusion and subsequent atrophy, radiculapathy). Annual RILO was done in summary for 2-years, now this year being asked for each condition to be done separately for each condition and new related issues of scapular winging and migraines. Med folks initiated LOD (joint command) and I was advised by USAFR SG office it won't be processed because while this happened on AD orders, I have been off order greater than the prescribed days (180 days reference below) that you can submit an LOD. Also, was advised that it's irrelevant and not needed since I have been processed through the VA for these conditions. Now that I may be facing potentially being found unfit....w/no LOD, they had the SG change the RILO form to "not in the line of duty". What are the implications of changing this from In the Line of Duty (ILOD) to NOT ILOD and what recourse do I have? Can I push back on getting an LOD processed? Does it matter? I’m at the 18 year 10 month mark and really don’t want to lose out on a Reserve retirement. I have seen the references to 10 U.S. Code § 12731b but am concerned because folks handling don’t reference this or any language/options therein and can’t seem to explain what may potentially happen if they come back with “unfit for duty”…..which honestly, they should in my humble opinion be fully capable of answering. Anyone know the possibilities?
Also, since it’s all through my Narrative Summaries and medical records that this occurred while on AD, how can they deny an LOD based on the below reg? The below reg is dtd 2016 and this occurred in 2011-12 and they gave me wide latitude to recover, but finally clipped my wings and "boarded/IRILO" me in 2015. My concern is how many troops are as unfamiliar with this as I was until told “you can’t get an LOD due to missing the 180 day filing deadline”. It seems a tad inequitable that the Reserve would say "so sorry" when the SM did the appropriate notifications and the only remedy being external to the Reserve. Maybe I'm old, bitter and my pain is getting the better of me...seems self-serving to me...tossing their mistake to another. I digress.
AFI36-2910
1.7.4. ARC only. After release from active duty or IDT, members have 180 days to ensure any illness, injury or disease that was incurred or aggravated while in a duty status is reported for LOD determination consideration. When the member does not report his/her illness, injury or disease, the member is presumed to be able to perform military duties, does not require treatment and has no unresolved health condition rendering the member unable to meet retention or mobility standards IAW AFI 48-123, Medical Examinations and Standards. The only avenue for addressing previously unreported illness, injury or disease is through the VA.
