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Office of the Staff Judge Advocate (SJA)

The Staff Judge Advocate will provide comprehensive, timely and responsive legal support to the Commanding Officer, Marine Corps Air Station (MCAS) New River, and all the Marines and other authorized personnel aboard the MCAS New River. Commanders will be provided all legal support necessary to effectively and efficiently exercise command and control over their units. Support to commanders will focus on administrative law, civil law, and ethics to ensure good order, discipline, and a high state of military readiness. 

Address: Office of the Staff Judge Advocate (OSJA)
Marine Corps Air Station New River
AS-216 Bancroft Street
P.O. Box 21002
Jacksonville, NC 28545-1002
E-mail: New_River_SJA@usmc.mil
Phone: COMM: (910) 449-7157/8
DSN: 752
FAX: (910) 449-6096
   

 

Expand List item 13840Collapse List item 13840  Federal Holiday Closure Schedule

Closed all federal holidays:

New Year's: January 1
M. L. Kings Jr. Birthday: Third Monday in January
Presidents Day: Third Monday in February
Memorial Day: Last Monday in May
Juneteenth National Independence: June 19
Independence Day: July 4
Labor Day: First Monday in September
Columbus Day: Second Monday in October
Veterans Day: November 11
Thanksgiving Day: Fourth Thursday in November
Christmas: December 25
   

 

Expand List item 13839Collapse List item 13839  Hours of Operation

Monday through Friday
0730-1130 / 1300-1600

Expand List item 13842Collapse List item 13842  Normal Weekly Events - Services & Hours

NOTE: The information on this site is for informational purposes only and does not represent legal advice from an attorney or the Legal Assistance Office. All information below is subject to change without notice; patrons are asked to call to confirm before visiting any SJA office.

Civil Processing:   Thursdays at 9:00 a.m.
Legal Assistance Office (AS-216): 910-449-6169 Open Friday
0800 - 1100 & 1300 - 1600
Family Law:   Open Friday
0800 - 1100 & 1300 - 1530
Limited to first come, first served
Notary Services / Power of Attorney:   Open Friday
0800 - 1100 & 1300 - 1600 
Wills & Powers of Attorney Brief:   1300 Friday at SJA Building AS-216 (50 capacity)

 

Unit Briefs available on Request

Mission

To provide command support in formulating an appropriate course of action in the processing of involuntary administrative discharges.  The Administrative Law section also provides advice and recommendations on all administrative related matters.

The Administrative Separation section will prepare and track administrative discharge packages, review administrative board proceedings, prepare discharge board records of proceedings, prepare SJA’s endorsement to CG/CO for signature and mail packages to HQMC.

Expand List item 13843Collapse List item 13843  Basis for Separation & Checklist
Expand List item 13845Collapse List item 13845  Forms & Reference Materials
Expand List item 13846Collapse List item 13846  Links
Expand List item 13844Collapse List item 13844  Timelines

Timeline:

No “statute of limitations” exists for administrative separations. Accordingly, a Marine may be processed for separation based on conduct notwithstanding the length of time between the conduct and the notification of separation or the expiration of a statute of limitations for court-martial or non-judicial punishment. However, once separation action has begun, prompt forwarding, review, and decision in each case are essential. Proceedings are initiated on the date a command receives a written request for separation from a member or on the date a command delivers a member notice of separation proceedings. The following listed time goals are measured from the date of notification or initiation of a voluntary request until the actual date of separation. Failure to complete an action within the prescribed time in no way bars separation or affects characterization. Every effort should be made, however, to meet the established goals.

Administrative Discharge Board: If SNM has six or more years of active, including inactive-service in the Ready Reserve as a poolee in the Delayed Entry Program, or possible OTH is the least favorable characterization of service, they are entitled to a board.

Separation without Board Action: 
If a board is not required or is waived, separation action should be completed within 15 working days after the Marine received notification of separation. When the initiating command and the separation authority are not located in the same geographical region, processing should be completed within 30 working days.

Separation with Board Action: 
If a board is required, action should be completed within 50 working days after the Marine received notification of separation. When the case is forwarded to the Secretary of the Navy, the case should be sent to the Secretary within 55 working days after the Marine received notification of separation. 

Board composition: 
At least 3 members: 
One field grade officer (senior member) 
Two additional members (officers of any rank or enlisted pay grade E-7 or above) 
Counsel for Respondent 
Recorder

The Administrative Section of the Legal Administrative Branch provides law office management functions to the Staff Judge Advocate, including supply, budget/fiscal planning, and logistics and personnel management.

Privacy Act - It's everyone's responsibility to ensure that we protect individual's private information.  If you have private information (i.g. name, unit, and last four social security number) and you are going to leave it on your desk you need to cover it and protect that information (Privacy Act Data Cover Sheet).

Expand List item 13847Collapse List item 13847  Client Walk-Ins

Consumer Law, Landlord/Tenant Disputes, Military Rights and Benefits, Name Changes, Step-Parent Adoptions, Debt Collection, Crime Victim Assistance, Child Custody, Service Member Civil Relief Act
Fridays 0730-0830

Expand List item 13848Collapse List item 13848  Powers of Attorney & Notary Services

Open Thursday and Fridays
0730 - 1130 and 1300 - 1545

Expand List item 13850Collapse List item 13850  Separation and Divorce Brief

Every Tuesday and Thursday at 7:00 a.m. at Camp Lejeune Legal Assistance (Building 66)

Unit Briefs available on Request

Expand List item 13849Collapse List item 13849  Will Brief

Fridays at 1000
0945 Check-in Time

Contact Us:  (910) 449-7159

The Civil Law section includes, but is not limited to: reviewing command directives; researching ethics issues and drafting ethics opinions for the Staff Judge Advocates; reviewing liability waivers; and providing training. 

The Civil Law section also researches legal issues and drafts responses for debarment procedures, Lautenberg Act violations, fundraising requests, post-government employment questions, civil processing applications, civilian solicitor authorization opinions, reinstatement of driving privilege letters, and many other legal requests. 

Expand List item 13854Collapse List item 13854  Claims Officer & Coordinator
Contact:

COMM: (910) 449-7159
DSN: 752-7159

Destructive Weather Information:
Tort Claims Unit Norfolk:
Office of the Judge Advocate General

Tort Claims Unit Norfolk
9324 Virginia Ave. Suite 104
Norfolk, VA 23511-2949

Phone: (757) 350 - 3085

E-Mail: TortClaimsUnit@us.navy.mil
Federal Tort Claim Packets:
Personnel Claims Act Packets:
Claims for loss of or damage to Household Goods and unaccompanied baggage shipped or stored at government expense:

How you submit your claim depends upon how your household goods shipment was processed

  •  Defense Personal Property System (DPS) If a service member’s household goods shipment was processed using the Defense Personal Property System (DPS), the claim must be filed against the Transportation Service Provider (TSP) in DPS. Service members can access their DPS account at www.move.mil.  DPS incorporates direct on-line claims filing, negotiation, and settlement.  30 days after filing a claim in DPS, service members may transfer all or a portion of the claim to their Military Claims Office (MCO) by selecting the “transfer to MCO” option in DPS.  The Navy MCO is the Personnel Claims Unit (PCU) located in Norfolk, VA.  For important information about transferring all or a portion of your DPS claim to the PCU: Instructions and guidance on transferring DPS claims.
  •  Non-DPS Claims - If your household goods shipment was not processed using DPS, you must submit your claim to the TSP using those instructions provided to you by the TSP at delivery. 30 days after filing a claim with the TSP, the service member can transfer all or a portion of the claim to the MCO. For important information about transferring all or a portion of your claim to the PCU: Claims for loss of or damage to Household Goods for non-DPS shipments.

If you have any questions, feel free to contact the Personnel Claims Unit at toll free (888) 897-8217, commercial (757) 440-6315 or DSN 564-3310.

Individual Forms:

If you are filing one of the claims addressed in one of the above packets, the appropriate forms are already included in the packet. These are additional forms for anyone who may need just the form. If you are filing one of the claims addressed above, it is highly recommended that you review the above packet for filing your claim.

 

Expand List item 13852Collapse List item 13852  Ethics Regulations
Expand List item 13853Collapse List item 13853  Links
Expand List item 13851Collapse List item 13851  Services
Coordination with Civil Authorities: The Civil Law Section has the responsibility of coordinating matters in accordance with the guidelines in the JAGMAN, Chapter 6, relating to civilian warrants of arrest, surrender of military personnel to civil authorities, the service of civil process, and all related matters for commands at MCAS New River.
Arrest Warrants: The Civil Law Section will notify command representatives when service members are named in arrest warrants. Information will also be provided as to the nature of the charges and bail amount required. Commanding officers are ultimately responsible for ensuring the timely presence and proper attire of the service member.
Delivery of Service members to Civilian Authorities: When it appears that civilian authorities desire to take control of a service member, commanding officers will immediately be informed of the proper procedures to follow. Under no circumstances should custody of any service member be surrendered to civilian control except through the Civil Law section. Contact the Civil Law section in any case dealing with civilian authorities.
Subpoenas and Civil Process: All subpoena and civil process served aboard the Air Station is to be served only via the Civil Law section, at the Joint Law Center. Attempts to serve individuals at their own unit or other locations are not authorized and should be redirected immediately to the Officer-in-Charge, Civil Law.
Repossession of Property: In order to protect the legal rights of both the debtor and creditor and maintain peace and security aboard the base, both voluntary and involuntary repossessions of personal property located aboard the base will be coordinated through the Civil Law Section. The Officer-in-Charge, Civil Law shall act as the liaison between the creditor or his repossession agent and the service member/debtor. All on-base repossession actions shall be effected at a time and place directed by the Civil Law Section only after presentation of all appropriate legal documents by the creditor or his agent.
   

 

The Civil Process Section serves as the single point of contact for all civil process matters involving commands at Marine Corps Air Station (MCAS) New River. As such, it acts as the sole liaison between civil authorities and all commands aboard the installation for matters involving the service of process.

The Civil Process Section is responsible for coordinating the execution of arrest warrants and the service of subpoenas, writs of repossession, claims, and other civil legal documents directed to military personnel and Department of Defense (DoD) employees.

Expand List item 13855Collapse List item 13855  Procedures

For military personnel, notification of civil process will be made telephonically or electronically to the designated representative (Unit Legal Officer) of the commanding officer with special court-martial jurisdiction over the individual concerned.
For DoD employees, the individual’s immediate supervisor will be notified.

All service of civil process, including arrest warrants and summonses, will occur exclusively at the Civil Process Section, Office of the Staff Judge Advocate, MCAS New River—unless otherwise authorized by the Staff Judge Advocate.

Note: Self-help repossession is not authorized aboard MCAS New River. Writs of execution or voluntary repossession actions must be coordinated through the Civil Law Section of the Office of the Staff Judge Advocate

Defense Section, Legal Services Support Team Camp Lejeune
(910) 451-4909

The Defense Section, Legal Services Support Team Camp Lejeune (910) 451-4909 provides advocacy oriented legal services support including NJP counseling; Article 31b, UCMJ rights advisement; summary court-martial counseling; involuntary administrative separation counseling; competency review board counseling; pretrial confinement initial review representation; assignment of defense counsel as respondent’s counsel at administrative discharge boards and boards of inquiry; assignment of defense counsel for Article 32 investigative hearings; and assignment of defense counsel at courts-martial. 

Telephone Policy: It is the New River defense policy that no legal advice to a prospective defense client may be given over the telephone or through third parties calling on behalf of the prospective client. Certain emergency circumstances, such as when dealing with clients at remote locations will be addressed individually. Service members who are unable to appear at our walk-in hours should call the office for further guidance.

-------------------------------------

We provide counseling services for Marines and Sailors with regards to:

  • Non-Judicial Punishment (Booker Rights) 
  • Administrative Separation/Board of Inquiry 
  • Summary Court-Martial 
  • Interrogation

Requirements:

Marine/Sailor must have the following:

  • Copy of Charges (preferably on a UPB) 
  • Copy of SRB or 3270 printout 
  • Notification and Acknowledgement of Rights for NJP/Administrative Separation
  • Copy of any written evidence - (especially for NJP)

Walk-in times:

0830-1030 on Tuesday or Thursday at Building AS-216 located on the second deck.

Expand List item 13858Collapse List item 13858  About Counsel Advice
  • NJP counseling. Please ensure that statements, documents, evidence that support the proposed NJP, and the proposed Unit Punishment Book entry are ready for the attorney to view at the counseling. Failure to do so may result in the service member having to return to receive more advice on a follow-up visit. 
  • Advice regarding administrative separations. Please bring a copy of any paperwork that is relevant. 
  • General advice for anyone who is the subject of an investigation or may be the subject of an investigation or criminal proceeding. 
  • Advice regarding a Board of Correction of Naval Records (BCNR) proposed correction. 
  • Advice when you are facing a Summary Court Martial. 
  • Advice when you have or expect to receive an adverse fitness report. 
Expand List item 13860Collapse List item 13860  Article 31 Rights

Article 31 (b) of the UCMJ prohibits compulsory self-incrimination. Specifically, no person acting on behalf of the military may interrogate, or request any statement from a person suspected of an offense without first informing him or her of the nature of the accusation, that he or she has the right to not make a statement, to consult with an attorney, and to stop questioning at any time.

It is very important to keep in mind that any statement you choose to make can later be used against you, whether or not you directly admit to wrongdoing.

Also, keep in mind that even if you initially agree to answer questions, you have the right to stop the interview at any time. The quickest way to stop an interview is to say that you wish to speak to an attorney. 

Expand List item 13861Collapse List item 13861  Confidentiality

Information you give your defense attorney, his or her colleagues, and defense assistants (including clerical staff) to help him or her represent you is legally privileged information. This means that your lawyer cannot and will not reveal things you tell him or her in confidence except to help solve your legal problem. No court can force him or her to reveal information. 
There are some exceptions to the defense attorney-client privilege. The circumstances are varied, but basically they fall into two categories. They are as follows: 

  • If your lawyer has information that shows that you plan to commit a criminal act, especially if the crime will cause someone bodily harm, he or she may take steps to protect the intended victim. The exception applies only if your lawyer concludes that you are going to commit a crime in the future. If you go to a criminal defense lawyer for a crime you have already committed in the past, the exception does not apply and the lawyer cannot reveal your confession. 
  • The other exception is if you and your lawyer get into a dispute about whether he or she did a good job. In that case, the lawyer may be able to use your confidential or privileged information to defend him or herself. 
Expand List item 13863Collapse List item 13863  Forms & Resources
Expand List item 13862Collapse List item 13862  General Legal Tips
  • Not all military attorneys can have a confidential relationship with a service member. Ask any attorney if you have that confidential relationship with him or her before discussing any potentially criminal matters. 
  • Command Legal Officers in the Marine Corps and Navy are not attorneys and work for the Commander, not you--anything you say to them may be used against you. 
  • Anything you say to military doctors and psychologists may be used against you. 
  • Before disclosing any potentially incriminating information to a military chaplain, ask if you have a confidential relationship with him or her. 

Please contact the Defense section for any specific questions or required guidance.

Expand List item 13864Collapse List item 13864  Links
Expand List item 13859Collapse List item 13859  Military Justice System

Members of the armed forces are governed by the Uniform Code of Military Justice (UCMJ), a statute enacted by Congress which amounts to the military criminal code. The UCMJ applies to service members' activities whether or not they are on a military installation and whether or not these activities are military related. Military trials are known as courts-martial, with juries made up of military members. Accused military members have the right to an attorney (civilian or military), and court-martial rulings can be appealed to a Court of Criminal Appeals or the U.S. Court of Appeal for the Armed Forces, the military's highest court. For incidents that occur off military property, the civilian or military court may exercise jurisdiction over the offense.

Expand List item 13856Collapse List item 13856  Services

The Defense section provides the following legal services and advice: 

  • Plan, coordinate, and conduct defense of clients facing special courts-martial, general courts-martial, and administrative discharge proceedings. 
  • Provide legal counseling to personnel facing non-judicial punishment, summary courts-martial, request masts, competency review boards, and RCM 305 pretrial confinement hearings. 
  • Represent clients during Article 32 proceedings. 
  • Defend officers facing BOIs and Field Flight Performance Boards. 
  • Seek clemency from convening authorities and address errors in post-trial documents. 
  • Educate Marines and Sailors on fitness report and NJP rebuttals, BCNR and NDRB petitions, and administrative discharges. 
Expand List item 13857Collapse List item 13857  What Military Attorneys CANNOT Do
  • Represent you in a civilian court for criminal or civil matters. 
  • Provide advice to anyone who is not active duty, retired, or reserve recalled to active duty. 

Mission

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

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. 

Expand List item 13866Collapse List item 13866  Common Principles

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.

Expand List item 13865Collapse List item 13865  Types of Investigation
  1. Preliminary Inquiry (PART B - 0203) 
    1. Preliminary Inquiry check list (on page 6 of the pfd - JAGMAN Handbook)
    2. Sample PI (See A-2-c of the JAGMAN)
    3. For additional information to include introduction to investigation click here.
  2. Command Investigation (PART C - 0209)
    1. Sample Command Investigation convening order (See A-2-d of the JAGMAN)
    2. Command Investigation Check list (on page 10 of the pdf JAGMAN Handbook)
    3. Drafting the Command Investigation Report Checklist (on page 14 of the pdf - JAGMAN Handbook)
    4. Sample Command Investigation Report (See A-2-e of the JAGMAN)
  3. Line of Duty Investigations (PART E - 0212) 
    1. Line of Duty Investigation check list (See page 34 of the PDF of the JAGMAN Handbook)
  4. Litigation-Reports (PART D - 0210)
    1. Sample Litigation Report convening order (See Appendix A-2-f of the JAGMAN)
    2. Litigation Report check list (See page 26 of the PDF in the JAGMAN Handbook)
    3. Drafting the Litigation Report (See Page 26 of the PDF in the JAGMAN Handbook)
    4. Sample Litigation Report (See Appendix A-2-g of the JAGMAN)
  5. Specific Incidents
    1. Air Craft Incidents check list (See page 51 of the PDF in the JAGMAN Handbook)
    2. Motor Vehicle Accidents check list (See page 54 of the PDF in the JAGMAN Handbook)
    3. Explosions check list (See page 57 of the PDF in the JAGMAN Handbook)
    4. Stranding of a ship check list (See page 59 of the PDF in the JAGMAN Handbook)
    5. Collision and Allisions check list (See page 62 of the PDF in the JAGMAN Handbook)
    6. Accidental or Intentional Flooding of the ship (See page 64 of the PDF in the JAGMAN Handbook)
    7. Fires check list (See page 66 of the PDF in the JAGMAN Handbook)
    8. Loss or excess government funds or property check list (See page 70 of the PDF in the JAGMAN Handbook)
    9. Claims for or against the government check list (See page 72 of the PDF in the JAGMAN Handbook)
    10. Health Care incidents check list (See page 77 of the PDF in the JAGMAN Handbook)
    11. Firearms accidents check list (See page 80 of the PDF in the JAGMAN Handbook)
    12. Pollution incidents check list (See page 81 of the PDF in the JAGMAN Handbook)

Please inquire with Investigations Officer or Non-commissioned Officer for specific questions. Check out JAGMAN IO Handbook or Legal Education and Training Branch (JET) website.

Primary types of JAGMAN investigations:

  • Preliminary inquiry (PI)
    • PI is 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:
      • 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.
      • 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 investigation (CI)
    • 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 Report (LitReport)
    • 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.
  • Line of Duty Determinations:
    • Part E, Para 0212
      • When required:
        • 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.
      • 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:
        • Circumstances suggest a finding of “misconduct” might result; ie.,
          • Use of illegal drugs                       
          • BAC .10/more
          • Bona fide suicide attempt
        • Circumstances suggest finding of NOT in LOD might result
        • Reasonable chance of permanent disability AND CO considers CI essential to ensure adequate record if made concerning circumstances; or           
        • Member is Naval or Marine Corps Reserve
    • 0223.   Action by CA.  Make LOD determination by taking one of following actions:
      • If CA concludes in LOD and not due to misconduct, endorse IO report with conclusion.  Does not matter if IO’s opinion was different.
      • 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!

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.

The Military Justice Section, Legal Services Support Team Camp Lejeune (910) 451-5726 or 5782 provides advocacy oriented legal services support including processing of requests for legal services; drafting and preferring of charges for courts martial; processing requests for separation in lieu of trial by court martial; administrative actions involved in the production of evidence and witnesses for courts martial; assignment of trial counsel to preferred courts-martial; and assignment of government recorders to board of inquiries and administrative discharge boards.

The Victim and Witness Assistance Coordinator provide administrative assistance for victims and witnesses.

Expand List item 13872Collapse List item 13872  Forms & Documents
Expand List item 13869Collapse List item 13869  Legal Training

NJS Course Description: Reserve a seat for the Legal Officer, Legal Clerk, Senior Officer Course, and Senior Enlisted Courses.  They are offered at Naval Justice School Detachments at San Diego, Norfolk, and Newport.  The majority is offered at Norfolk.    

  • Norfolk, VA at Comm (757) 444-5641 or DSN: 564-5641.
  • Newport, RI at Comm: (401) 841-2065 or DSN: 948-3808 x131. 
  • San Diego, CA: Comm: (619) 556-8376.
Expand List item 13867Collapse List item 13867  Military Justice Websites
Expand List item 13870Collapse List item 13870  NJP Information
Expand List item 13871Collapse List item 13871  Reference Manuals
Expand List item 13868Collapse List item 13868  Summary Courts-Martial

The Installation Victim and Witness Liaison Officer (IVWLO) for Marine Corps Air Station New River acts as the Installation Commanding Officer’s subject matter expert and manager for the Victim-Witness Assistance Program (VWAP) aboard the installation.  In that capacity, the IVWLO chairs the VWAP Council, manages and maintains a list of all unit Victim Witness Assistance Coordinators (VWAC) and other base Victim Witness Representatives, provides liaison with local civilian services for victims of crime, tracks all services provided and is the central point of contact for the base program.

Pursuant to Marine Corps Directives, each office or agency which provides services to victims and witnesses appoints a Victim Witness Assistance Representative/coordinator and each unit (battalion and squadron level and above) appoints a Victim Witness Assistance Coordinator (VWAC). The VWAC and other representatives are responsible for that unit or office’s part of the station VWAP.

Expand List item 13874Collapse List item 13874  Resources

Directives and Instructions

VWAP Forms

General

Military and civilian programs and services providing counseling, treatment, or other support services:

Transitional Compensation

National Victim Organizations:

International Victim Resources:

Federal Sites:

Corrections/Registries:

Sex Offender Registries:

Multimedia:

Internet Fraud:

Fraud/Identity Theft:

Trauma and Stress:

Domestic Violence:

Sexual Assault:

Stalking:

Victims with Disabilites:

Immigrant Women Victims:

Trafficking:

Child Abuse and Neglect:

Elder Abuse:

Drunk Driving:

Survivor of Homicide Victims:

Other Links and Resources:

Expand List item 13873Collapse List item 13873  Victim's Rights

Personnel directly engaged in the prevention, detection, investigation, and disposition of offenses, including law enforcement, legal personnel, commanders, trial counsel, and staff judge advocates, will ensure victims are accorded their enumerated rights as set forth in Article 6b of the UCMJ and related policies. A victim has the right to:

  1. Be reasonably protected from the accused.
  2. Be provided with reasonable, accurate, and timely notice of:
    1. A public hearing concerning the continuation of confinement before the trial of the accused.
    2. A preliminary hearing pursuant to Article 32 of the UCMJ relating to the offense.
    3. A court-martial relating to the offense.
    4. A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, may unseal privileged or private information of thevictim, or may result in the accused’s release.
    5. A public proceeding of the Military Department Clemency and Parole Board relating to the offense.
    6. The release or escape of the accused, unless such notice may endanger any person’s safety.
  3. Be present at, and not be excluded from, any public hearing or proceeding described in 
    1. Paragraph 3.2.a.(2), unless the military judge or preliminary hearing officer determines, after receiving clear and convincing evidence, that testimony by the victim would be materially altered if the victim observed that hearing or proceeding.
  4. Be reasonably heard, personally or through counsel, at:
    1. A public hearing concerning the continuation of confinement before the court- martial of the accused.
    2. Preliminary hearings conducted pursuant to Article 32 of the UCMJ and court- martial proceedings relating to Rules 412, 513, and 514 of the Military Rules of Evidence or regarding other rights provided by statute, regulation, or case law.
    3. A sentencing hearing relating to the offense.
    4. A public Military Department Clemency and Parole Board hearing relating to the offense. A victim may make a personal appearance before the Military Department Clemency and Parole Board or submit an audio, video, or written statement.
  5. Confer with the attorney for the U.S. Government in the case. This will include the reasonable right to confer with the attorney for the U.S. Government at any proceeding described in Paragraph 3.2.a.(2).
    1. Victims who are eligible for legal assistance may consult with a military legal assistance attorney in accordance with Paragraph 3.4.
    2. Victims of an alleged sex-related offense, who are eligible for legal assistance pursuant to Military Department or National Guard Bureau policies or Sections 1044 or 1044e of Title 10, U.S.C., may consult with an SVC/VLC/VC in accordance with Paragraph 3.5.
    3. All victims may seek the advice of a private attorney at their own expense.
  6. Receive restitution as provided in accordance with State and Federal law.
  7. Proceedings free from unreasonable delay.
  8. Be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or violate the privacy concerns of an individual other than the accused.
  9. Be treated with fairness and respect for their dignity and privacy.
  10. Express their views about disposition of the case to the commander or convening authority.
  11. Decline to testify at a preliminary hearing conducted pursuant to Article 32 of the UCMJ.

The New River Tax Center is now CLOSED, as of 17 April 2026. The Camp Lejeune Tax Center is open year-round for anyone requiring tax assistance. For questions or to make an appointment please call the Camp Lejeune Tax Center at 910-451-3296

Camp Lejeune Base Tax Center

Location: Trailer 64a Molly Pitcher Rd (next to Papa John’s)

Services:  Free income tax preparation and filing for 2025, 2024, and 2023 state and federal tax returns.

For questions or to make an appointment please call 910-451-3296.

The IRS filing deadline was 15 April 2026 for most taxpayers, you can still file but may receive a penalty fee for filling late.  To request an automatic six month extension use IRS Free File to request an extension at https://www.irs.gov/newsroom/get-an-automatic-six-more-months-to-file-all-taxpayers-can-use-irs-free-file-to-request-an-extension

For more information including location and hours of operation, please visit the Camp Lejeune Tax Center website:

https://www.lejeune.marines.mil/Sections/Regional-Law-Center-East/#mcb-camp-lejeune-tax-center