What do you do when an LODI is not done and it should have been?

2019-01-11T17:44:23-05:00

For example, what if an AGR Soldier got in a car accident on the way home at the end of the duty day, but was told for the following two years he didn’t need a line of duty investigation or determination since he was AGR? What is the course of action once it’s been identified that the wrong thing was done?

Response by 1SG Private RallyPoint Member made Jan 11 at 2019 7:11 PM

2019-01-11T19:11:30-05:00

Depends on the circumstances. Read Army Regulation 600-8-4 Line of Duty Policy, and speak with your CoC. It should be an easy fix, but lack of knowledge will be the biggest hindrance. It'll pay off to do most of the leg work yourself.
When any Soldier becomes sick or injured, and unable to perform their regular duties, the Company Commander will normally complete an online report and find the Soldier’s condition as “in the line of duty.” This is done without an investigation, or after
an informal investigation.
If the Commander believes there is a question that the Soldier’s illness or injury was caused by the Soldier’s own intentional misconduct or willful negligence, or if a death has occurred, an investigating officer will be appointed, and a formal investigation will
be conducted. NOTE: A formal investigation is an extremely serious matter: it could lead to the loss of benefits.

Response by SGM Private RallyPoint Member made Jan 11 at 2019 8:35 PM

2019-01-11T20:35:57-05:00

In layman's terms:
LODs are to determine if the injury or illness occurred in the Line of Duty (hence, the name). The point of the investigation is to determine if the Soldier will be qualified to bill Tricare for the follow-on care.
At face value, the AGR is already on Tricare (Prime or Remote), the MDAY is not, and would need an approved LOD for Tricare billing after that drill or AT.
The other reason for the investigation is to determine if the injury occurred "not in the line of duty" while in a duty status (drill or active duty). Examples would be if the injury occurred while AWOL, while in violation of a direct order, willful negligence, etc.
The only reason an AGR (or active duty) Soldier would require an LOD investigation would be if the commander had any reason to suspect anything like those examples.

That said, whenever an LOD did need really to be done for any reason but was not, it still needs to be completed immediately, no matter how late it is.