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PREFACE
DRAFT OFFICIAL:
JOHN F. BAHRENBURG
Major General, New York Guard
Commander
1. Purpose. This publication sets forth format and procedures to govern the Line of Duty
Determination, Hospitalization, Medical Care and Deceased Personnel.
2. Application
New York State Consolidated Laws, Chapter 36, Military, Article X, Pay and
4. Basis.
Allowances, § 216 Pay and care when injured or disabled in service.
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TABLE OF CONTENTS
CHAPTER PAGE
I POLICY…………………………………………………………………….………….. I-1
II RESPONSIBILITIES…………………………………………………………………… II-1
1. Individual Concerned….……………………………………………………….. II-1
2. Commanders of New York Guard Components .……………………………….. II-1
3. Headquarters New York Guard………………………………….…………….. II-1
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CHAPTER I
POLICY
a. The status of the individual at the time the injury was incurred or the disease was
contracted.
b. Medical evidence that an injury or disease was incurred contracted or aggravated by the
performance of duty.
c. Evidence of death.
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CHAPTER II
RESPONSIBILITIES
1. It is each individual's responsibility to make known his need for medical care as a result of
injury or disease incurred in state active duty status.
3. Headquarters NYG will monitor that Line of Duty Investigations will be prepared in all cases
involving civilian/military health care in connection with injuries/illnesses contracted while
performing SAD. This applies to all NYG -SAD forces. LOD investigations will be completed
regardless of civilian medical cost.
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CHAPTER III
PROCEDURES
1. Authorizing Authority:
a. The appointing authorities for all SAD forces mobilized into state active duty is the
Commander NYG or designated representative
b. The appointing authority will issue orders appointing such officers as may be necessary to
conduct duty status investigations and reports.
2. Reviewing Authority. The reviewing authority in all cases is The Adjutant General or his
designated representative. Duty status investigation and reports will be submitted promptly,
through channels, to the NYG J1.
3. Line of Duty Injuries and Investigations. Upon being ordered into state active duty, each
unit will include in its accompanying library the appropriate medical Line of Duty forms listed in
Appendix A.
a. The procedures and formats prescribed in this chapter will be followed in every instance
of an injury incurred or a disease contracted during state active duty.
b. If an individual has been hospitalized during a portion of the active duty period, or is still
hospitalized at the close of the active duty period, the investigating officer will procure a clinical
summary for the period up to the time of submitting the duty status report.
c. This summary should indicate the number of days hospitalized, diagnosis, results of X-
rays and all other tests and treatment given, together with an accounting of the expense incurred.
b. The respective unit commander will make the location of aid stations and hospital
facilities known to all personnel. It is a command responsibility that required medical care is
available to the individual without delay. Commanders must continually be aware of the general
physical and health conditions of personnel in their command.
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c. Treatment beyond the capabilities of the command will be accomplished at the nearest
civilian medical treatment facility. Use of military and federal medical treatment facilities (MTF)
is not authorized except for life threatening situations. Commanders will ensure that these
facilities are provided with the proper billing procedures, necessary vouchers and billing address.
5. Commanders: Will ensure that LOD investigations are initiated promptly as outlined. An
Initial Incident Report, will be completed and submitted to NYG J1 immediately. Additional
information and status updates should be forwarded with the periodic strength reports.
Commanders will ensure that all LODs are forwarded to Headquarters NYG J1 within 20 days of
the date of occurrence. If the DMNA Operation Center is not in operation, LODs will be
submitted to MNSG. Certain LOD investigations may require investigating officers to be placed
on SAD to complete the investigation.
a. Commanders are responsible for appointing an investigating officer for each formal line of
duty.
c. Unless reputed by substantial evidence, the soldier's disease, injury, condition, or death is
presumed to have been incurred In the Line of Duty (ILD).
d. The investigating officer must be free from bias or prejudice as to the cause of the
soldier's disease, injury, condition, or death or the outcome of the investigation. The I0 must also
be free of all other duties. Promptness is crucial since any delay may result in failure to secure
important information.
a. You have been appointed as an Investigating officer (I0) to conduct an official Line of
Duty Investigation concerning the disease, injury, condition, or death of a NYG soldier, or a
group of soldiers. Your investigation, the documents you gather, and the way you present the
facts and the circumstances (tell the story) will be the basis for the NYG-DMNA to make
decisions that may impact on the soldier and soldier's family. Therefore it is imperative that you
read these instructions and refer to NYG Directives for further guidance if necessary, review the
source documents gathered thus far, and begin the investigation.
b. When advice or assistance is required, consult the experts, such as your local Judge
Advocate; Medical Treatment Facility Patient Administrator; Physicians; Mental Health Officers;
PM; CID; and appointing authority.
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8. Individuals: Hospitalized at the time of relief from state active duty. Within 24 hours after
demobilization, each unit commander as applicable, will submit the following information to the
NYG J1 pertaining to individuals remaining in the hospital at the time the unit or individual is
relieved from state active duty
9. LOD investigations: Will be completed for, but are not limited to, the following
circumstances:
a. When medical treatment may be extended beyond the period of authorized training or
follow-up medical care will be required.
c. Pre-existing injuries.
d. Diseases.
f. The injury or disease which may have resulted from the member’s own misconduct.
h. The injury or disease may have been received or contracted during a period of
unauthorized absence, or during a period that existed prior to authorized SAD.
i. An injury incurred while engaged in authorized SAD, which appears not to be in the line
of duty.
10. Evidence Collection: Required for a State Active Duty Line of Duty Investigation.
a. The Investigating Officer (IO) must be free from bias or prejudice while conducting the
investigation. The IO should never begin the investigation with predetermined ideas as to the
cause of the injury, disease or death. To make a thorough and impartial investigation, the IO
should determine the actual facts, not as reported, but as they actually occurred; as far as
possible. The IO should be able to make an intelligent and accurate determination. Delays often
result in the failure to secure important information.
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b. The preparation of the line of duty requires attention to detail. The investigation will
ascertain dates, places, persons and events definitely and accurately. The Appointing Authority
must ensure that the investigation contains sufficient pertinent information and data to enable
later reviews to be made without additional information.
c. All finding of fact will be supported by evidential exhibits, copies of military and
civilian reports, clinical records, emergency room reports, hospital admission and discharge
summaries, operative notes, laboratory reports, and other findings.
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APPENDIX A - FORMS
DIVISION OF MILITARY AND NAVAL AFFAIRS
330 Old Niskayuna Road
Latham, New York 12110-2224
_____________________________________
Name (TYPED)
_____________________________________
SSN
_____________________________________
SIGNATURE
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STATEMENT OF UNDERSTANDING
CIVILIAN HEALTH CARE
SUFFERING, AND THAT THE J-1 OF THE EMERGENCY OPERATIONS CENTER MUST
AT GOVERNMENT EXPENSE.
______________________________ _______________________________
MEMBER’S SIGNATURE WITNESS SIGNATURE
______________________________ _______________________________
MEMBER’S NAME/SSN (TYPED) WITNESS NAME/SSN (TYPED)
______________________________ _______________________________
TIME/DATE SIGNED TIME/DATE WITNESSED
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HOME OF RECORD –
HOME PHONE NUMBER -
** The line of duty investigation must be completed and forwarded within 35 days of the
occurrence of the injury, illness or disease. Commanders are reminded that all soldier
entitlements are based on the line of duty investigation. Follow-up health care, Payment of
Medical Bills and Incapacitation all
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