Line of Duty Investigations - LODs for Army National Guard and Army Reserve - It's not always required. 30 day orders

TortolliniShell

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This has been posted on the site before but just wanted to post this for anyone who's being told by the AR or NG that they HAVE TO have a LOD investigation completed before they can start a MEB process. You don't necessarily need an LOD or need to get an LOD completed, IF you were on orders for 30 days or more. The AR or NG state medical command or AR medical command should provided you with a IDRM - Integrated Disability Referral Memorandum instead.

Get a copy of the orders you were on, during the time you were injured. If those orders are Active Duty (ADOS, ADSW, TITLE 32, TITLE 10, etc) for 30 days contiguous (continuous without stopping , or two back-to-back orders with no stoppage.) Then keep reading. If your orders were 30 days or less, then you WILL need an LOD completed and cannot use the below to aid you.

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AR 600-8-4 Line of Duty Policy, Procedures, and Investigations
Section 5 (Chapter 5 Line of Duty Determination Procedures for Soldiers of the Army National Guard and U.S. Army Reserve )
Subsection 5–4. Entitlement to medical care, pay and allowances for Soldiers who incur an injury, illness, disease, or incur aggravation in the line of duty

"This guidance establishes criteria for initiating and processing LODs to ensure access to care and a timely resolution of Soldiers’ medical conditions."​
AR600-8-4 5-4 b. "A Soldier serving a period of active duty of more than 30 days is entitled to medical and dental care in any facility of any uniformed Service (pursuant to 10 USC 1074). LOD investigations are not required for injuries, illnesses, or diseases incurred while the Soldier was serving a period of active duty of more than 30 days that is not the result of the RC Soldier’s gross negligence or misconduct."
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Example #1: LOD not needed:

SGT Snuffy was on ADSW / ADOS for 32 days straight. Broke his leg while in the motor pool doing maintenance while serving on those orders Command forgot to do a LOD or won't do it. - LOD is not needed per AR 600-8-4 5-4 b

Example #2: LOD needed - gross negligence:
SGT Snuffy was on ADOS for 32 days. Broke his leg while in the motor pool. He tried to impress his E3 by doing a backflip off the back of the trailer. LOD is required because " -...that is not the result of the RC Soldier’s gross negligence or misconduct."

Example #3 - LOD needed:

SGT Snuffy was on ADOS for 28 days straight. Broke his leg while in the motor pool doing maintenance while serving on those orders. Command forgot to do a LOD or won't do it. - LOD IS needed, as the orders are 30 days or less in length.

Example #4: LOD not needed:
1LT SusMan was on a deployment to Djibouti for 9 months. Pulled his back while climbing out of a "Deuce and a Half" truck while serving on those orders. Command forgot to do a LOD or won't do it. - LOD is not needed per AR 600-8-4 5-4 b
 
As a reminder, this has nothing to do with medical records or evidence of treatment.

The above is only whether a LOD is required to begin the MEB process and be referred to the MEB with an unfitting condition.
 
I've been told that the State can essentially bypass giving you an DoD rating if there is no LOD recorded and instead administratively separate you.

So if the State "fails" to record an LOD for an injury sustained while on active duty, would this regulation prevent an administrative separation and "force" them to recognize that your unfitting injury must be rated?
 
I've been told that the State can essentially bypass giving you an DoD rating if there is no LOD recorded and instead administratively separate you.

So if the State "fails" to record an LOD for an injury sustained while on active duty, would this regulation prevent an administrative separation and "force" them to recognize that your unfitting injury must be rated?
The VA and the DoD give ratings, so the state NG has no part of that. I'm not sure how a state NG (?) or NGB could bypass sending you to IDES for a unfitting condition. I'd be curious to see what regulation they're citing for that. Now, a state NG could say that they'd do the LOD investigation, do the writeup as if you were not ILOD and then the NGB could deny the in-line-of-duty. That could be fixed with an IG or congressional.
 
I've been told that the State can essentially bypass giving you an DoD rating if there is no LOD recorded and instead administratively separate you.

So if the State "fails" to record an LOD for an injury sustained while on active duty, would this regulation prevent an administrative separation and "force" them to recognize that your unfitting injury must be rated?
For your second question, yes, the state could try to admin separate you, but again, they'd either have to do it based on fitness for duty or another admin reason. I'd say the IG complaint, your spouse making a TAG complaint, and congressional could take care of that as well. If the state wrote the LOD investigation in a manner to get it denied at NGB, and it came back denied, then yes, I could see a NGB headquarters try doing an admin separation, although, again, it'd have to be sent to the IDES as NOT ILOD if it were medically unfitting.
 
The VA and the DoD give ratings, so the state NG has no part of that. I'm not sure how a state NG (?) or NGB could bypass sending you to IDES for a unfitting condition. I'd be curious to see what regulation they're citing for that. Now, a state NG could say that they'd do the LOD investigation, do the writeup as if you were not ILOD and then the NGB could deny the in-line-of-duty. That could be fixed with an IG or congressional.
I am one of those.... VA rated 100%PTIU for many years while still in the guard awaiting retirement. Then fell through the NG cracks and was forced into admin sep. And yes, I did know it was incorrect and sent a letter up immediately. Still took 8 months for them to figure it out. But hey, they actually apologized.
 
@BaiLan Thanks for posting this topic. It's a huge issue in multiple services: LOD investigations or similar paperwork not getting done, and Service members unlawfully admin seperated.

@JakeTrilla What you're worried about is a common situation. Not only in the Army, but also in the Navy/Marine Corps as well. The key is to keep on top of everyone in the process and have the regulations handy to show what's required. The key is to always email the offending party the regulations and cite which part requires what. This makes a great attachment to any letter to the IG or congressperson.
 
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