IT'S NOT JUST ABOUT YOU - INJURIES OR DEATH FROM MISCONDUCT CAN RESULT IN LOST BENEFITS FOR FAMILY MEMBERS

  • Published
  • By Col. JOHN W. BLUMENTRITT
  • AETC Director of Safety
AIR EDUCATION AND TRAINING COMMAND --  As 18-year-old Matthew approached his house, his face beamed with excitement. He and his mom had been worrying about how they were going to pay for college, and he was sure he'd found a solution.

"Mom!" he yelled as he swung open the front door. "Our problems are solved."

Then he explained to his mother how he ran into Jim, his childhood friend. The two had bonded as young boys, because both of their fathers had been in the Air Force and both had died on active duty -- Jim's dad in combat, and Matthew's in a motorcycle mishap. Matthew told his mom how Jim was going to use Veterans Administration Dependency and Indemnity Compensation benefits he'd been receiving since his father's death to help pay for college. ... It would cover thousands of dollars worth of expenses.

"I should be eligible for those funds, too, Mom," Matthew said, grinning happily.

But Matthew didn't get the reaction he expected. Instead, his mother looked distraught, as her brown eyes welled and her shoulders slumped.

"We're not eligible for that money," she said sadly.

You see, Matthew's dad had been found not in the line of duty when he died. He crashed his motorcycle while driving too fast, without the proper protective equipment ... and he was drunk. Eight years after his death, his misconduct was still causing financial hardship for his family.

While the above scenario is fictitious, it is definitely not
that farfetched.

A few years back, an Airman, who lacked the training and proper safety equipment to ride a motorcycle, drove one anyway. Additionally, he was drunk and drove too fast. He ended up crashing and dying alone on the side of the road.

This Airman left behind a 10-year-old son.

In addition to robbing his son of a father to teach him to play baseball, to talk to about girls, and to love, support and guide him through life, the Airman also denied his son valuable benefits that would have totaled in the hundreds of thousands of dollars because of the circumstances surrounding his death. That's because the Air Force determined the Airman was not in the line of duty when his mishap occurred.

Determining Airmen to be not in the line of duty is not a task commanders relish. As a matter of fact, the subject so concerned Maj. Gen. Anthony F. Przybyslawski, Air Education and Training Command vice commander, he wrote a recent article on the topic that was distributed throughout the command.

"Commanders make the not in the line of duty determination, and it is one of the most gut-wrenching things they do," said Lt. Col. Vicki Weekes of AETC's judge advocate office. "But when Airmen demonstrate willful personal misconduct or gross negligence, commanders are left with little choice."

Weekes said most not in the line of duty determinations involve cars, motorcycles and all-terrain vehicles. And another all-too common denominator is alcohol, she added.

"It's depressing to read (about these tragedies)," said Maj. Lisa Winnecke, the Air Force Personnel Center Judge Advocate chief
of entitlements and civil law, who sees these cases come across her desk all too often. "Motorcycles are dangerous enough as it is. Add in alcohol and circumstance, and limbs end up all over the place. Loved ones who had nothing to do with the accident suffer the most."

As a direct result of personal misconduct, dependents may lose between $2,000 and $3,000 per month in benefits. For a surviving child, that could mean more than $300,000. For a surviving spouse over a lifetime, it could be well over $1 million.

Hopefully, your morale code will guide you to do the right things and make good decisions. But if you need more incentive to make the right choices, such as not drinking and driving, remember: It's not just about you. Your family's well-being is also at stake.