Line of Duty Investigation in the Army

March 15, 2025

A line of duty investigation in the Army, often called an LOD investigation, is governed by AR 600-8-4, available at this link. Such investigations are required to be conducted under the following circumstances:

if a Soldier experiences a loss of duty time for a period of more than 24 hours; and
the injury, illness, or disease is of lasting significance (to be determined by a physician, physician assistant, or nurse practitioner);
there is a likelihood that the injury, illness, or disease will result in permanent disability;
[reserve only] if a Soldier requires follow-on care for an injury, illness, or disease incurred during a period of active duty

The purpose of a line of duty investigation in the Army is to determine the duty status at the time of an accident/incident, whether misconduct was involved, and, if so, to what degree. Also, if an accident/incident results in injury that was pre-existing, an LOD investigation in the Army can be used to determine the extent of aggravation.

A line of duty investigation in the Army can be formal or informal. Informal LOD investigations are conducted "where no intentional misconduct or gross negligence is suspected." A formal LOD investigation will be conducted in the following circumstances:

injury, illness, or death involving the use of alcohol or other drugs;
self-inflicted injuries or suspected suicide;
injury, illness, or death while AWOL;
injury or death that occurs while an individual was enroute to final acceptance in the Army;
when a Reserve or National Guard Soldier serving on orders for less than 30 days becomes disabled due to injury, illness, disease, or death;
when directed by higher headquarters;
for conditions that a MTF commander or other medical provider determines existed prior to service (EPTS);
injury or death of a Reserve or National Guard Soldier while traveling to or from authorized training or duty;
death of a Reserve or National Guard Soldier while participating in authorized training or duty; or,
under any other circumstances a Commander thinks should be investigated

The possible consequences of a line of duty investigation in the Army are as follows:

extended enlistment for time lost for an injury/illness/disease determined not to be in the line of duty;
loss of credit for service (i.e. towards retirement) for an injury/illness/disease determined not to be in the line of duty;
forfeiture of pay;
loss of disability retirement and/or severance pay;
medical and dental care;
other VA benefits; and/or
survivor benefits plan (SBP) benefits

All injuries/illnesses/diseases are presumed to have occurred in the line of duty in the Army unless proven otherwise with evidence. Injury/illness/disease or death proximately caused by the Soldier's intentional misconduct or gross negligence will be found to be not in the line of duty. Any injury/illness/disease or death resulting from simple negligence will be found to be in the line of duty by a line of duty investigation in the Army.

The following determinations can be made by a line of duty investigation in the Army:

in the line of duty;
not in the line of duty not not due to own misconduct (AWOL cases);
not in the line of duty due to own misconduct;
in the line of duty existed prior to service-service aggravated;
not in the line of duty existed prior to service-not service aggravated;
in the line of duty this episode only;
presumptive in the line of duty-Reserved for HRC and Reserve Component for those transferring components; and,
non finding, only for HRC use

Some important rules relating to a line of duty investigation in the Army:

a Soldier who voluntarily becomes intoxicated is held to the same standards of conduct as one who is sober; and,
regarding suicide, a Soldier who is not mentally sound is incapable of forming intent required to be found "not in the line of duty." Therefore, there is a presumption that a Soldier who dies by suicide is in the line of duty

For an informal line of duty investigation in the Army, a DD Form 261 will be used. These investigations can only result in a finding of in the line of duty or existed prior to service (EPTS).

A formal line of duty investigation in the Army is convened under the provisions of AR 15-6.

No matter the type of investigation, no Soldier is required to answer any questions, or provide any information, if the answers could be incriminating. DA Form 3881 will be used when interviewing the subject of the investigation. The investigating officer of a line of duty investigation in the Army should collect sworn statements, leave forms, law enforcement reports, medical records, autopsy reports, death certificates, sworn witness statements, and other applicable evidence, to support his/her findings.

If a line of duty investigation in the Army results in a "not in the line of duty" finding, then the Soldier in question is served with the findings and recommendations of the investigating officer along with all supporting evidence. The Soldier in question has 30-days to respond to the proposed "not in the line of duty" investigation. If the Soldier is incapacitated or dead, the Soldiers appointed designee or next of kin will be allowed to submit a rebuttal. If a not in the line of duty finding is sustained after consideration of a rebuttal, the Soldier/representative/next of kin is afforded an appeal. An experienced military lawyer should be consulted to assist with a line of duty investigation rebuttal and/or appeal.

A line of duty investigation in the Army is not intended to result in adverse actions taken against a Soldier, such as a letter of concern, GOMOR, article 15, referred NCOER, referred OER, separation board, board of inquiry, or court-martial; however, an LOD investigation can still be used to support these actions.

Any Soldier facing a line of duty investigation in the Army has a lot on the line. Not only are important benefits at stake, but adverse actions that could result are career threatening. While legal assistance and trial defense service (TDS) are available to assist, they are often inexperienced and over-worked. Soldiers in this situation can retain a civilian lawyer to assist, which allows a Soldier to be represented by someone with a proven track record of success and quality former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Soldiers accused of misconduct.