Is there a way for me to circumvent my leadership to get my Line of Duty determination made?

SGT Private RallyPoint Member — Tue, 18 Jan 2022 13:28:27 -0500

My unit is giving me the run around on filing an LOD determination for an injury that occurred while on duty status that sent me to the emergency room. I'm tired of playing games and I just want what I deserve. Is there a way for me to circumvent my leadership to get this done?

Response by SGT Private RallyPoint Member made Jan 18 at 2022 1:55 PM

SGT Private RallyPoint Member — Tue, 18 Jan 2022 13:55:43 -0500

Contact @Sfc Thomas Livingston ... He is knowledgeable in Military related questions.

Response by MSG Private RallyPoint Member made Jan 18 at 2022 2:15 PM

MSG Private RallyPoint Member — Tue, 18 Jan 2022 14:15:45 -0500

Being a Reservist, the hardest part about getting an LOD done is critical based on when the injury took place, where it took place, how soon/where treatment was received, and the timing of submission. While I've never had to do an LOD, here is the regulation

Army Regulation 600–8–4

Look in Chapter 5

Response by Lt Col Scott Shuttleworth made Jan 18 at 2022 2:45 PM

Lt Col Scott Shuttleworth — Tue, 18 Jan 2022 14:45:45 -0500

Were you on duty on actual orders when this happened? Did you see a doctor when it happened? If the two line up then you are set. Otherwise if you waited till you were off duty back i civilian life to see physician and claim it happened on duty you will have an uphill battle as they can say it happened outside of duty and at home or your other job etc. Not saying it can't be done but there has to be documentation somewhere, either in the doctors notes or records.

Response by SFC Casey O'Mally made Jan 18 at 2022 5:04 PM

SFC Casey O'Mally — Tue, 18 Jan 2022 17:04:03 -0500

Any question that starts "is there a way to circumvent my leadership..." Automatically means the person asking the question is not only in the "wrong" realm, they are in the "so wrong they can't even SEE right" realm.

No. Just no. Never EVER circumvent your leadership. Ever.

Now, you may need to ESCALATE to a higher level of Command. You may need to use an open door policy. But you don't "circumvent" your leaders.

Response by MAJ Michael Cummings made Jan 20 at 2022 10:41 AM

MAJ Michael Cummings — Thu, 20 Jan 2022 10:41:38 -0500

I have encountered this happening before. An injury incurred during duty status as a TPU is lines for a LOD. Make sure you have all of the documentation from the ER which should include the time you arrived etc. You should also go ahead and get some witness statements from other soldiers that witnessed the incident. If enough time has passed that you have been paid, also print out your pay statement that shows your duty days you were paid for. If time passes and they still refuse to do a LOD, then you have all of your ducks in a row to push forward into the fight. Message me if you need any help.