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Marine Corps Air Station New River

"Pardon Our Noise, It's The Sound Of Freedom"
REFERENCES AND MATERIALS:

TYPES OF INVESTIGATIONS:

1) Preliminary Inquiry (PART B 0203) 
a.
Preliminary Inquiry check list (See page II-1 of the JAGMAN Handbook)
b. Sample Preliminary Inquiry Report (See page 2-5 of the JAGMAN Handbook)

2) Command Investigation (PART D 0209) 
a. 
Sample Command Investigation convening order (See page III-3 of the JAGMAN Handbook)
b. 
Command Investigation Check list (See page III-4 of the JAGMAN Handbook)
c.
Drafting the Command Investigation Report (See page III-8 of the JAGMAN Handbook)
d. Sample Command Investigation Report (See page page A-2-e of the JAGMAN)

3) Line of Duty Investigations (PART E 0212) 
a.
Line of Duty Investigation check list (See page VI-4 of the JAGMAN Handbook)

4) Litigation-Reports (PART D 0210) 
a. 
Sample Litigation Report convening order (See Appendix A-2-f of the JAGMAN)
b. 
Litigation Report check list (See page V-5 of the JAGMAN Handbook)
c. 
Drafting the Litigation Report (See Page V-14 of the JAGMAN Handbook)
d.
Sample Litigation Report (See Appendix A-2-g of the JAGMAN)

5) Specific Incidents 
a.
Air Craft Incidents check list (See page X-2 of the JAGMAN Handbook)
b. Motor Vehicle Accidents check list (See page X-5 of the JAGMAN Handbook
c.
Explosions check list (See page X-8 of the JAGMAN Handbook)
d. Stranding of a ship check list (See page X-10 of the JAGMAN Handbook)
e. 
Accidental or intentional flooding of a ship check list (See page X-15 of the JAGMAN Handbook)
f.
Fires check list (See page X-17 of the JAGMAN Handbook)
g. Loss or excess government funds or property check list (See page X-21 of the JAGMAN Handbook)
h. Claims for or against the government check list (See page X-23 of the JAGMAN Handbook)
i. Health Care incidents check list (See page X-29 of the JAGMAN Handbook)
j. 
Firearms accidents check list (See page X-33 of the JAGMAN Handbook)
k.
Pollution incidents check list (See page X-34 of the JAGMAN Handbook)

FREQUENTLY ASKED QUESTIONS: 
Please inquire with Investigations Officer or Non-commissioned Officer for specific questions. Check out JAGMAN IO Handbook

LINK:  NEW JAGMAN:  JAGINST 5800.7F of 26 Jun 12 

Primary types of JAGMAN investigations:

    • Preliminary inquiry (PI)
    • Command investigation (CI)
    • Litigation Report (LitReport)

Usually, a preliminary inquiry done solely for disciplinary action is per R.C.M. 303, Manual for Courts-Martial, not JAGMAN, but can use JAGMAN format.

If “criminal” matter, coordinate with NCIS or CID to determine whether they are investigating, or want to investigate.  If so, NCIS/CID investigation will normally document matter without further investigation.  Some exceptions:  i.e., Suicide must also have LOD investigation.

NOTE:  PIs and CIs are NOT usually for Major Incidents (Definition:  An extraordinary incident occurring during the course of official duties resulting in multiple deaths, substantial property loss, substantial harm to environment, where circumstances suggest a significant departure from the expected level of professionalism, leadership, judgment, etc, or other relevant standard.  . . . Often accompanied by national public and press interest . . .)

Preliminary Inquiry / JAGMAN

Usually:

  • Done to determine whether additional investigation is needed

  • IO normally only given 3 days to finish

  • Normally in writing, but can be oral

  • Should be done BEFORE ordering CI

After PI, Command options:

  1. No further action - appropriate if PI provides sufficient information on the incident for the CO to take appropriate action and if the event is likely to be of little interest outside the immediate command.  CO can endorse “To Files” to document his action.
  2. Conduct CI or LitReport

Refer to NCIS / CID

             For Line of Duty (LOD) determinations:   If CO & Medical Officer agree that injuries were in LOD and not due to misconduct, then PI is sufficient to document incident.  COMMAND MUST ENSURE LOD ENTRY IS MADE IN HEALTH RECORD!  See 0222.

Command Investigations

Usually done for:

            Significant property losses (Minor property losses in most cases will be adequately documented through other means.  See Supply Regs.  Also, damage/destruction of public quarters probably will result in claim against/for government, and require LitRept)

            LOD injuries where possible misconduct that may result in permanent disability OR a physical inability to perform duty for more than 24 hours (as distinguished from hospitalization for evaluation or observation)

            Deaths aboard military installation.   NCIS will be investigating, too.

            Deaths apparently caused by suicide or under other unusual circumstances

            Aircraft incidents, PELs, etc., which are NOT major incidents

NOT for:

            Incidents likely to result in claims for or against the government (must be LitReport)

            Incidents with potential for causing significant damage to environment (must be LitReport)

Generally:

Written convening order (see Section 0206)

  • Written investigating officer’s report contains findings of fact (F/F), opinions (Ops), and recommendations (Recs)

  • Normally due in 30 days EXCEPT DEATH cases - 20 days  (Extensions may be oral; noted in preliminary statement of IO’s report)

CO’s Endorsement

  • Should be completed with 30 days of IO’s report  -- EXCEPT death cases have 20-day limit

  • May approve, disapprove, modify, or add F/F, Ops, & Recs

  • If Recs cannot be implemented at CO’s level, he may concur or disagree

  • Indicate corrective action

  • Indicate location of original evidence with POC and phone number

  • Forward original through chain of command to GCMCA, unless not required and no interest outside the immediate command

  • Retain copies for at least 3 years (SSIC 5830.2)

  • If involving classified information, route per SECNAV M-5510.36

  • Special routing on some cases; see 0209.f(3)

Litigation Reports

LitReports are done when an incident is likely to result in claims or civil litigation against the government.  Often the primary purpose of investigation is to prepare to defend the legal interests of the government.  Example:  Most motor vehicle accidents which involve a government vehicle will be LitReports.

MUST BE conducted under direction and supervision of a judge advocate and protected from disclosure to anyone who does not have an official need to know.

SJA will provide name of judge advocate to be included in convening order.  Judge advocate will work directly with IO and supervise LitReport.  SJA will prepare forwarding endorsements to OJAG (Code 15), Tort Claims Unit.

Convening order - different from CI.  Identifies judge advocate by name and must state:  “This investigation is being convened and your report is being prepared in contemplation of litigation and for the express purpose of assisting attorneys representing the interests of the United States in this matter.”  Sample in Appendix A-2-f of JAGMAN

All pages of LitReports have heading “FOR OFFICIAL USE ONLY:  ATTORNEY WORK PRODUCT,

LitReports do NOT contain statements signed by witnesses, which might be subject to discovery. 

Do not express any opinions or recommendations.

Some common principles of all types of Administrative Investigations

Convening Orders:  Official letter from Convening Authority (CA) to IO

Can be amended at any time to change scope of inquiry or provide additional instructions

IO Qualifications:  Shall be individual who, in the opinion of the CA, best qualified by reason of age, education, training, experience, length of service, and temperament.  Most will be commissioned officers, but can be warrant officer or senior enlisted person (or civilian employee) when CA considers it appropriate.  Whenever practical, IO should be senior in rank to any individual whose conduct is subject to inquiry.

NOTE:  Section 0241 lists special qualifications for Class A aircraft mishap JAGMANs.

Release of Investigations:  Not by IOs or squadron.  Governed by FOIA; contact Joint Public Affairs Office for more info.

Line of Duty Determinations

Part E, Para 0212

When required:

1.  Disease or injury that may result in permanent disability - or  that results in physical inability to perform duty for more than 24 hours (as distinguished from hospitalization for evaluation or observation).

PRESUMPTION is always In Line of Duty and Not Misconduct, UNLESS contrary findings are made.

2.  Death.   LOD determination necessary in order to make decisions concerning SBP.


0215  Some NOT in LOD circumstances:

  • As a result of the member’s own misconduct
  • While avoiding duty by desertion
  • While UA, and such UA materially interfered with performance of required military duties {See 0215.d. - usually more than 24 hours UA)
  • While confined under court-martial sentence
  • While confined under civil court sentence for felony

0216. What constitutes misconduct:      

  • More than just inappropriate behavior
  • If intentionally incurred
  • If result of willful neglect that demonstrates a reckless disregard for the foreseeable and likely consequences.
  • Simple or ordinary negligence, or carelessness, standing alone, does NOT constitute misconduct.  Even if conduct violates law ... or is engaged in while intoxicated does not ALONE constitute misconduct.

0217. ONLY Possible Findings:

  • In line of duty and not due to member’s own misconduct
  • Not in line of duty and due to member’s own misconduct
  • Also possible:  Not in line of duty and not due to member’s own misconduct (example:  UA but MVA someone else’s fault)

0218.  Mental Responsibility.  

May not be held responsible for actions and foreseeable consequences if, as a result of mental defense or disease, member was unable to comprehend nature of such acts or to control his actions.

Presumption:  Absent evidence to the contrary, all members are presumed to be mentally responsible for their actions.  If a question of mental responsibility is raised by the facts or nature of the incident, presumption ceases, and an investigation must clearly and convincingly establish mental responsibility before an ADVERSE determination can be made.

SUICIDE GESTURE:  Self-inflicted injury not prompted by serious suicidal intent; unless a lacks of mental responsibility is otherwise shown, NOT in LOD and due to MISCONDUCT.

SUICIDE ATTEMPT and SUICIDE:  Creates strong inference of lack of mental responsibility - so in LOD and not due to own misconduct.

0219. Intoxication and drug abuse (alcohol, drug, inhalation of fumes, gas, or vapor).  

In order for intoxication ALONE to be basis for misconduct, clear and convincing evidence must show that member was intoxicated sufficiently to impair rational and full exercise of mental or physical faculties at the time of the injury AND that the impairment was the proximate cause of injury.  

Presumption:  BAC of .10 or more, member was sufficiently intoxicated to impair rational and full exercise of mental or physical faculties.  May be rebutted, but, if not, sufficient to provide clear and convincing evidence of impairment.  DOES NOT establish anything about proximate cause of injury.

May also be found to be intoxicated with BAC of <.10, or when BAC not available, but should consider all relevant info on member’s condition

0221.  Relationship to Disciplinary Action. 

Adverse LOD determination is not punitive; CO may take independent disciplinary action.  Also, in LOD determination does NOT preclude separate disciplinary action.

0222.  Recording LOD determinations

 Whether CI or PI, appropriate entries MUST BE MADE in medical records

Don’t need CI or PI when, in opinion of medical officer, with concurrence of CO, was incurred in LOD and not due to misconduct, and appropriate entries have been made in health records.

Command Investigations.  Must convene CI and make LOD determination when:

1.  Circumstances suggest a finding of “misconduct” might result; ie.,

    a.  Use of illegal drugs                       

    b.  BAC .10/more

    c.  Bona fide suicide attempt

2.  Circumstances suggest finding of NOT in LOD might result

3.  Reasonable chance of permanent disability AND CO considers CI essential to ensure adequate record if made concerning circumstances; or           

4.  Member is Naval or Marine Corps Reserve

0223.   Action by CA.  Make LOD determination by taking one of following actions:

1.  If CA concludes in LOD and not due to misconduct, endorse IO report with conclusion.  Does not matter if IO’s opinion was different.

2.  If CA believes NOT in LOD and due to misconduct - must give member (or representative if member mentally incompetent) notice of preliminary determination; has 10 days to respond.  JLC will help with processing.

Normally forwarded to GCMCA for final approval.

PART F, PARA 0225 - Death Cases

Normally, NOT TO EXCEED 20 DAYS from date of death

NCIS must be notified of any death occurring on base.

Death investigations are generally releasable to family members - be careful in wording, etc.  NOT releasable by Squadron.  Contact OSJA.

Don’t delay for autopsy/toxicology reports UNLESS essential for investigation.  Can be forwarded by separate endorsement later.

Always go to GCMCA

New Regs on Casualty Reporting - see your admin folks!

Aircraft Accidents:

Mishap Boards:  Sole purpose of safety and accident prevention - see OPNAVINST 3750.6

Class A Aircraft accident:  Must be determined if Class A as soon as possible, but by 60 days

Definition of Class A:  Results in (a) loss of life or permanent total disability that occurs with direct involvement of Naval A/C; (b) damages to A/C, other property, or combination, in excess (currently in 2007) of $1,000,000; or (c) destruction of the A/C.

Loss (or excess) of Government Property:

NCIS/CID investigation required if any indication that the loss was caused by fraud, embezzlement, theft, or other criminal act.

JAGMAN generally not required for losses for which a Financial Liability Investigation of Property Loss (survey) is not mandated by Supply regs. 

Primary reference:  MCO P4400.150-  CONSUMER LEVEL SUPPLY POLICY MANUAL  See your Supply Officer !

Security Violations:

For specific requirements respecting investigations concerning loss, compromise, or possible compromise of classified information, normally use CI.  Primary reference:  SECNAVINST 5510.36, Chap 12 See your Security Manager!

ALLEGATIONS OF DISCRIMINATION OR SEXUAL HARASSMENT:

Governed by OPNAVINST 5354.1 and MCO 5354.1      See your EO representative!

MISSION:
To provide convening and reviewing authorities with information regarding a specific incident that occurs within the command. 
SERVICE OVERVIEW:

POC:  (910) 449-7167 

The investigations section will provide guidance to newly appointed investigating officers to ensure an investigation complies with what the JAGMAN requires. The investigations section will ensure all aspects of the investigation report are accurate and true, by checking every enclosure and finding of fact for accuracy and relevance. 

Services\Hours

Disclaimer: The information on this site is for informational purposes only and does not represent legal advice from an attorney or the Legal Assistance Office.

Normal Weekly Events:
(Subject to Change without Notice)

Marine Corps Air Station New River

Legal Assistance Office
910-449-6169

Hours of Operation
Monday through Friday
0730 - 1600

Client Walk-Ins
(Consumer Law, Landlord/Tenant Disputes, Military Rights and Benefits, Non-Support Claims, Name Changes, Step-Parent Adoptions, Consumer Issues, Debt Collection, Crime Victim Assistance, Child Custody, Service Member Civil Relief Act)
Monday and Wednesday
0730 - 0800 [Check In Before 0800]

 Powers of Attorney & Notary Services
Monday through Friday
0730 - 1130 and 1300 - 1545 

Wills Brief
Every Friday at 1000

Separation and Divorce Brief
Every Tuesday and Thursday @ 0700
at Camp Lejeune Legal Assistance (Building 66)

Unit Briefs available on Request
Every Tuesday and Thursday by Appointment only 

Civil Processing: 0900-1000, Thurs.