AFI 36-2910 LINE OF DUTY (MISCONDUCT)  DETERMINATION

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

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Jason Perry

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Jason Perry submitted a new resource:

AFI 36-2910 LINE OF DUTY (MISCONDUCT) DETERMINATION - This AFI covers Line of Duty determinations and investigations.

This AFI covers Air Force Line of Duty investigations and determinations.

I very frequently find errors made with LODs, including such errors as not applying the presumptions of service incurrence/aggravation, improper authorities acting on the determination, and failure to notify the member and advise them of rights to appeal.
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laxin_1999

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I am currently in the ANG and am on orders for a few months to cross train into a new AFSC. I broke my wrist 8 weeks ago while I was not in duty status. Before I went to tech school, I went to the VA for treatment on my wrist because I am 0% service connected for PTSD from my deployments to Iraq when I was in the Marine Corps and get free health care. The VA orthopedist told me I didn't need surgery, and put me in a cast. I told my guard unit about the injury, and they still sent me to tech school with my injury. I saw the VA orthopedist 3 days before my orders started, and he said I didn't need surgery.

Upon arrival at tech school, I made appointments to see an orthopedist. It took over two weeks until I got to see one, and the Air Force orthopedist said I need surgery. So, I didn't need surgery before I left, but after I got on orders for tech school, I need surgery.

The Air Force told me today that they won't give me the surgery, and that I need to go somewhere outside the military to get surgery, so for me it would be the VA. I read AFI 36-2910 and I think I would qualify as an aggravation case.

So, my question is, what should I do since my unit sent me to school on orders for 104 days, knowing that I had a broken wrist, and I was told I do not need surgery, but 2 1/2 weeks after I'm on orders at my school orthopedics said I need surgery? What LOD process would I need, and how can they say that my wrist already needed surgery when I got there, even though the VA orthopedist said I didn't?
 

Jason Perry

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Jason Perry updated AFI 36-2910 LINE OF DUTY (MISCONDUCT) DETERMINATION with a new update entry:

AFI 36-2910 LINE OF DUTY (MISCONDUCT) DETERMINATION

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...
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tommie40

Registered Member
I have a question I was charge with a sexual assault saying that I touched a Caucasian female Soldier buttocks in 2011, after 3 years has pass she brought it up after I had PCS to Fort Sam Houston Texan. The command did an internal investigation on the facts of the story but according to DODI: 6495.02 and AR 195-1 they were supposed to report it to Criminal investigation Department so they can do a full thorough, unbiased, and unprejudiced investigation. My command bypass a protocol that was set forth by the President of the United States and did a Article 32 hearing and sent me to a General Court Martial without a full investigation by CID OFFICE how do I fight this allegation.
 

chaplaincharlie

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With an attorney. I'd not make any statements on social media! You have rights, use them.
 

chaplaincharlie

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If you had a government attorney that was not providing adequate counsel, you can go up his/her chain of command and request another attorney.
 

Justwaitingonarating17

Registered Member
Ive been following these board for several months now as ive been waiting on my meb/peb process to finish up. I was so close to the end when my peblo asked if i had ever recieved an LOD for an incident that happened 5 years ago at a different duty station. After telling her no she said ok, and the v.a would not need one. However, after waiting on ratings for several weeks the v.a requested an LOD be accomplished to determine misconduct before they could complete my ratings. This sent everyone into disseray as it seems no one at my currentduty station has seen thishappen before. Ive talked toevery agency to include mycommand, the JAG, OAC, PEBLO, and no oneseems sure of how to proceed.Has anyone beenthrough this before or have anyguidance?

Been active duty Air Force for6years, and started MEBinfebruary.
 
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