General Guidance for the Investigating Officer.
The IO appointed to do a formal investigation will use DD Form 261, Report of
Investigation--Line of Duty and Misconduct Status, and append appropriate statements
and other documents to support his or her findings. The IO will gather all facts
connected to the incident (military and civilian reports/documents, maps, diagrams
and/or medical examination reports). The IO must ascertain dates, places, persons,
and events definitely and accurately in order to provide the approving authority with an
accurate understanding or “word picture” of the incident being investigated. The IO
must ensure that the investigation contains enough pertinent information (direct and/or
indirect evidence) to support the findings of fact and enable later reviews to be made
without more information. Barring unusual circumstances, the investigation normally
should be completed, legally reviewed, and acted upon by the approval authority within
75 days from the time of the incident.
Before beginning the investigation, the IO should: 1) obtain and carefully read a
copy of Chap 3, paragraphs 3-3, 3-7, and 3-8 of AR 600-8-4 to review guidance on LD
evidence gathering, presumptions and rules along with guidance contained in AR 15-6
for conducting an informal AR 15-6 investigation; and 2), contact the Administrative Law
Section of the Office of the Staff Judge Advocate for guidance on the investigation as
necessary.
Complete investigation and prepare report. Complete box to the right of DD
Form 261, item 10. If the investigation involves a living Soldier who is not mentally
incapacitated from the injuries sustained, consult with the legal advisor and follow
guidance contained in AR 600-8-4 to notify the Soldier of contemplated proposed
adverse findings, in writing by certified mail, and provide a copy of the investigation
report (redacted where appropriate to comply with privacy Act requirements). The
Soldier has 30 days to exercise rebuttal rights when an adverse finding is
recommended. Consider any rebuttal submitted before making a final recommendation.
Conclude and finalize the investigation after considering the rebuttal or if no response is
received.
Line of Duty Determinations and Definitions .
LD (in line of duty) . This finding is made where an injury or disease (1) was
incurred, contracted, or aggravated while the Soldier was on active duty; was training in
an active or reserve status; was excused from duty or training; or was AWOL (absent
without leave) and was mentally unsound at the inception of the absence; and (2) the
injury or disease was not proximately caused by the Soldier’s intentional misconduct or
willful negligence. Most cases result in a determination of LD. This is the most
favorable determination and qualifies the Soldier involved for all available benefits. The
other two possible determinations, both coming under the NLD subheading, are
considered adverse and result in diminished benefits.
NLD-NDOM (not in line of duty--not due to own misconduct) . This finding is
made where an injury or disease (1) was incurred, contracted, or aggravated while the
Soldier was AWOL, unless he or she was mentally unsound at the inception of the
absence, and (2) the injury or disease was not proximately caused by the Soldier’s
intentional misconduct or willful negligence.
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