AFI 36-2910 LINE OF DUTY (MISCONDUCT)  DETERMINATION

AFI 36-2910 LINE OF DUTY (MISCONDUCT) DETERMINATION 2015-10-08

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This is a substantial update to the AFI.

Of specific concern and relevance is the portion dealing with the Eight Year Rule.

"1.10.2.2.2. Eight Year Rule (10 U.S.C. § 1207a, Members with Over Eight Years of Active Service: Eligibility for Disability Retirement for Pre-Existing Conditions). An illness, injury or disease that is EPTS may be deemed to have occurred in a duty status for the purpose of determining disability separation or retirement by a Physical Evaluation Board if the member: 1.10.2.2.2.1. Has at least eight years of total active service; 1.10.2.2.2.2. Was on Title 10, U.S.C. active duty orders specifying a period of greater than 30 days at the time the condition became unfitting; and 1.10.2.2.2.3. Was not released from active duty within 30 days of commencing such period of active duty under 10 U.S.C. § 1206a, Reserve Component Members Unable to Perform Duties When Ordered to Active Duty: Disability System Processing, due to an EPTS condition not aggravated during the period of active duty. 1.10.2.2.2.4. Whether medical separation or retirement for EPTS conditions is appropriate under the Eight Year Rule is a finding made in the DES. While the 12 AFI 36-2910 8 OCTOBER 2015 Eight Year Rule is not an LOD determination, LOD referring authorities are responsible for identifying and referring to the DES those EPTS cases to which the Eight Year Rule might apply (i.e., those with members meeting the criteria of this paragraph and having an EPTS condition that is potentially unfitting in terms of retention and/or mobility standards). This ensures that such cases are entered into the DES and appropriately assessed under the Eight Year Rule."

I am not in complete agreement with this regulation. However, IF properly applied, I can see it being an "improvement" over some of the uncertainty (at least as far as the AF had in the previous version of this regulation) that existed prior to this update.
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