Line of Duty and Crossing the Line with Alcohol

  • Published
  • By 39th Air Base Wing
  • Legal Office
INCIRLIK AIR BASE, Turkey --  There are obvious adverse consequences of drinking too much alcohol and engaging in foolish behavior. There are also some not-so-obvious consequences for military members, such as the possibility of being found outside of the line of duty due to misconduct. If, as a result of overindulgence of alcohol, you die or sustain an illness or injury resulting in inability to perform military duties for more than 24 hours, there will be a line of duty investigation.

If the LOD investigation determines that your death, illness or injury is due to your own misconduct and finds you not in the LOD, you could lose substantial government benefits. A finding of "not-in-the-LOD" due to misconduct may impact your:

- Disability Retirement and Severance Pay: If an Airman is injured such that a medical disability separation is required, a LOD determination of "not in line of duty" will prohibit any disability compensation from being awarded.
- Forfeiture of Pay: You may not be entitled to pay if you were absent from regular duties for a continuous period of more than one day because of injury that was directly caused by or immediately follows your intemperate use of alcohol.
- Extension of Enlistment: An enlisted member's period of enlistment may be extended to include that period of time he or she was unable to perform duties because of his or her intemperate use of alcohol. Any time the Airman was not present for duty due to hospitalization, being on quarters or being on convalescent leave is counted as "bad time." Bad time has to be made up. This means that an Airman's estimated time of service date will be moved back one day for every day the Airman is not present for duty.
- Veteran Benefits: The Department of Veteran Affairs may use a member's official military records, including an LOD determination, when determining veteran benefits. If an Airman is found outside of the LOD, the resulting loss of certain benefits could cost a dependent child or spouse $250,000 or more in monies and benefits that are denied. These include but are not limited to, VA Dependency and Indemnity Compensation, Montgomery GI Bill Death Benefit, medical and dental benefits up to three years from the date of death of a member and access to base facilities.
- Survivor Benefit Plan: If you die on active duty and "in-the-line-of-duty," your surviving dependents may be eligible for benefits under the SBP. If an LOD investigation determines that your death was due to alcohol-related misconduct, your surviving dependents may be ineligible for SBP benefits.
- Basic Educational Assistance Death Benefit: Certain survivors of deceased members entitled to basic educational assistance may be entitled to death benefits, which are jeopardized if there is a finding the member was outside the LOD.

The consequences of being found not in a line of duty can be devastating. For example: an Airman is involved in a drunk-driving incident. The Airman wraps his car around a telephone pole. As a result, the Airman loses a leg and incurs brain damage. The Air Force will provide free medical care to stabilize the Airman. Because the Airman's injuries prevent his continued service in the Air Force, the Airman would then be processed for a medical disability separation. A LOD investigation determines that the Airman's injuries were, "not in the line of duty" due to own misconduct. Once separated, the Airman will not receive any further free medical treatment from the Air Force or even the Veteran's Administration, because his injuries were due to misconduct.

The consequences of the LOD investigation may continue even after the Airman leaves active duty. If there are any complications from an injury that was deemed "not-in-the-line-of-duty," the Veteran's Administration may determine that the Airman is not eligible for VA benefits for the injury. Any further medical care would then be chargeable to the Airman himself (or his insurance, if he can afford a policy). The VA may also determine that the Airman is not entitled to any disability benefits for the injury. If the Airman were to have died in the crash, the Airman's dependents would not have access to over $1,000 per month in VA Dependency and Indemnity Compensation.

You're wagering more than your own health and life when you engage in alcohol-related misconduct. You could also forfeit (for yourself or your family) many of the benefits that come with service.