Line of Duty Investigation (LODI)

A line of duty investigation must be conducted whenever a Soldier acquires a disease, incurs a significant injury, or dies. Presumptive determinations and informal investigations finding "in line of duty - not due to own misconduct" may be made in limited circumstances. A formal line of duty investigation is required whenever the finding is "not in line of duty." A formal line of duty investigation is also required if the disease, injury, or death occurs under strange or doubtful circumstances, or is apparently due to misconduct or willful negligence, such as those involving drug or alcohol abuse, self-inflicted injuries, and those incurred while absent without leave or while on an other than active duty status. The mission of the investigating officer is to conduct an investigation and prepare a report documenting the dates, places, persons, and events surrounding a Soldier's disease, injury, or death. The investigation should discover the evidence necessary to resolve the underlying issues of a line of duty investigation and the report should concisely present and preserve that evidence. The report should answer the following questions: What was the Soldier's duty status when the disease, injury or death occurred? Did the Soldier's intentional misconduct or willful negligence cause the disease, injury, or death? Note that you must complete your report within 50 calendar days of the occurrence of the disease, injury, or death.

Source: Comprehensive LOD Guide

Below are the rules for properly completing a Line of Duty Investigation.  It has been my experience that the Army will sometimes assign this duty to an officer who is unaware of the rules or unwilling to properly apply them.  Shoddy and improper LODIs have been accepted and protests by family members are ignored.  In some cases, it is the Commander who is given this duty, despite the fact that a conflict of interest exists, as the Commander is ultimately responsible for things that go wrong in the unit. 

To whom does one appeal?  It seems to be another military mystery.  The Senate and House Armed Services Committees would seem like a proper venue, but again, this responsibility is not taken very seriously unless the case is very high profile in the Media.  The regulations state that the Staff Judge Advocate of the appointing authority is the place to appeal.

There are only three possible line of duty determinations:

In line of duty, not due to own misconduct (LD)

Not in line of duty, not due to own misconduct (NLD-NDOM)

Not in line of duty, due to own misconduct (NLD-DOM)

When the case is troublesome to the military unit because of the possibility of having to admit mistakes, it is most likely that you will receive an adverse determination in the first round.  Expect this.  You have a right to appeal.  I will include as much information here as possible so that you can find a legal basis for appeal.

At any rate, if it seems to you that your case cries out for a Line of Duty Investigation and none has been done -- there are also rules for the time limit to have one done -- contact your Representative in the US House and request a Congressional Inquiry into the matter.  That is a clear duty of your Representative and it is your right as a US citizen to have this done.

 Line of Duty Finding in Death Cases:

In death cases, you must ascertain all significant and relevant facts surrounding the death of the Soldier and include them in the report of investigation. You should not determine the line of duty status of soldiers whose deaths occurred prior to 11 September 2001, as the Department of Veterans’ Affairs administers veterans and survivors benefit programs and will review the report and make its own line of duty determination. For all deaths that occur on or after September 1, however, you must make a line of duty determination, even if a line of duty investigation is not required. For specific policies and procedures related to deaths occurring after September 11, 2001, see paragraph 4-13 of AR 600-18.

Step 5: Report of Investigation. The Appointing Authority: After considering all the evidence and determining the line of duty status, you should complete DD Form 261. If additional space is needed, you may continue the report on a separate sheet of paper, identifying at the top the name of the individual concerned, social security number, and date of injury, death, or onset of disease. The following information will be included in and attached to DD Form 261 when appropriate.

a. A summary of the circumstances and basis for findings.

b. Clarification of any discrepancy in the date and place of injury or death or in the evidence as to the duty status of the member.

c. The reason for not interviewing the person whose line of duty status is being investigated or any witnesses whose testimony may be material.

d. Comments of the investigating officer on the credibility of the witnesses.

e. A list of exhibits.

f. Documentation will be lettered and attached as exhibits to DD Form 261 in the order below.

(1) Instrument that appointed the investigating officer. Officers acting with delegated authority must include a copy of the delegation document.

(2) Statement of Medical Examination and Duty Status, DA Form 2173.

(3) Documentation attesting that the statement solicited from a Soldier regarding the incurrence or aggravation of his or her disease or injury was obtained after he or she was advised that he or she did not have to make or sign a statement regarding his or her condition.

(4) Report of autopsy findings.

(5) Report of inquest.

(6) Statements of witnesses and persons being investigated.

(7) Photographs, maps, charts, etc., as appropriate.

(8) Copy of letter of sympathy written to next of kin in death cases.

(9) Statement from medical authorities regarding period of hospitalization because of injury or disease if the information on the DA Form 2173 is inadequate.

 
(10) Any other relevant information.
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Qualified Survivors’ Opportunity to Appeal:

Qualified survivors of soldiers who die on active duty before becoming eligible for retirement may, on behalf of the soldier and for the same basis for which a soldier could, appeal an adverse line of duty determination in a death case. Such an appeal must be filed within 6 years of the line of duty determination.
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Here is a very good outline of the necessary steps in conducting a PROPERLY DONE AR600-8-1 investigation.