LOD (Air Force Reserves)

Jb92

New Member
Registered Member
Joined
Nov 2, 2020
Messages
4
Hey everyone,
I had a question about a LOD that's possibly going to be a Not In Line of Duty determination.

Quick backstory.
I deployed and got hurt, I was told when I got back I can fill out the paperwork to get a line of duty.
After getting back the LOD was taking forever getting finalized and I had a meeting with the NCO that was in charge of initial filing and tracking the status of LODs.
Our talk went to when I was at BMT and I mentioned that I went to medical multiple times about my lower back injury. The NCO asked if I ever had a LOD for it, I told him no because I never knew about LODs until this deployment injury. He asked if I wanted to do the paperwork for a LOD on my lower back, to which I said yes.
Deployment LOD was issued out (Getting surgery finally after 2 years of pain).

The lower back LOD was routed through and is now back to my commander. I was looking through the AF Form 348 and AF Form 261, and how it has been routed is as such...
  1. Immediate Commander - In Line of Duty
  2. Wing Staff Advocate - Non-Concur
  3. Appointing Authority - Appointed an investigating officer to conduct a formal LOD investigation
  4. AF Form 261 Investigation: Investigating Officer remarked: Mbr has chronic pain issues related to AF PT. While issues may result from a previous medical condition, any issues were service aggregation while on duty and performing AF mandated activities that progressed above natural progression. Member is found to be In Line of Duty.
  5. AF Form 261 Investigation: Appointing Authority - Approved and signed - Remarks: Concur with JA and IO (which they both contradict themselves, JA says non-concur when IO says In Line of Duty)
  6. AF Form 261 Investigation: Final Approval (Approving Authority) - Not In Line of Duty - Not Due to Own Misconduct
There was also misinformation included in the AF Form 348 stating that I was offered PT (assuming physical therapy) which was declined... I never was offered that, and I can't find any of this in my medical records (Which I have on hand). I was issued out a permanent profile due to my lower back pain and I've had pain since BMT. I've had MRIs and X-Rays done which I was told that I have intervertebral disc degeneration.

If this LOD actually gets determined that it's not in Line of Duty, I'm not really sure where to go from here on how to appeal the decisions.
Every time I've been on active orders I've been seen about my lower back issues... So things were documented.

How do I go about appealing this LOD determination?
I am starting medcon orders for my deployment injury in the upcoming weeks, and I do plan on continuing the treatment for my lower back while on those....

The way I've been treated with medical issues stemming from being on status has made me just want to separate from the military ASAP after I get treated. It fucking sucks.
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Joined
Apr 18, 2019
Messages
455
You are in for a battle man. @Hawaii5-0 can provide some appeal insight, but ultimately, you need to read through AFI 36-2910 & the guide that Hawaii5-0 just posted to the resources section of this website. The AFI will detail the appeal process, but the success rate for appeals is horrible. You might think about retaining a Lawyer to help you with your journey.
 

Jb92

New Member
Registered Member
Joined
Nov 2, 2020
Messages
4
You are in for a battle man. @Hawaii5-0 can provide some appeal insight, but ultimately, you need to read through AFI 36-2910 & the guide that Hawaii5-0 just posted to the resources section of this website. The AFI will detail the appeal process, but the success rate for appeals is horrible. You might think about retaining a Lawyer to help you with your journey.
Thank you for replying.
This whole process is pretty bad, and it seems like it's made to discourage you from going through with it.
I hit my six-year mark last month being in, and the shitty thing is with being a reservist and guardsman is that we do not know this info until it's too late or you know someone that has dealt with this themselves. You would think this information would be given to you as an initial briefing when you get to your squadron, but you don't. It's all word of mouth.
The active-duty that I work with (I'm a GS employee) complain about an injury, I tell them to go to medical to make sure everything is documented and in their records so they don't get screwed over when they separate later on. I feel like some of them think I'm being paranoid, but the reality is that if the evidence isn't there, then it didn't happen.
Shit, with this LOD, the evidence is there, I was seen multiple times, but yet they still don't believe I was hurt while on orders.

But enough venting. Hopefully, @Hawaii5-0 has some good info to pass along. In the meantime, I'm going to read over this guide that he/she posted.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Joined
May 20, 2010
Messages
5,884
You will probably need an attorney. LOD in the guard/reserves is a tough issue to resolve.
 

Jb92

New Member
Registered Member
Joined
Nov 2, 2020
Messages
4
You will probably need an attorney. LOD in the guard/reserves is a tough issue to resolve.
Is there anything specific that I need to look for in regards to hiring an attorney?
I know I need to find someone that specializes in military affairs, but not sure what else I need to be looking for.
I do live in San Antonio, if that matters.
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Joined
Apr 18, 2019
Messages
455
The owner of this website has been doing this type of representation for a very long time and is a former vet. He doesn't pay us to pitch his name and I do so only because I have used him myself and he did a great job.

www.peblawyer.com or 1-800-576-5648

I would recommend calling Jason to get immediate assistance if you need it. The sooner you file the appeal the better. Be advised, this appeal will most likely cost you more than you will want to spend. Such is the nature of fair representation.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Joined
May 20, 2010
Messages
5,884
Is there anything specific that I need to look for in regards to hiring an attorney?
I know I need to find someone that specializes in military affairs, but not sure what else I need to be looking for.
I do live in San Antonio, if that matters.
PebLawyer.com is based in San Antonio
 
Top