3 - Military Investigations

Question 1

Activity Command investigates

Answer 1

• UCMJ Conduct
• Disrespect offenses
• UA offenses
• Frat

Question 2

Activity Criminal Investigative Division investigates

Answer 2

• Less serious drug offenses
• Stalking/threats

Question 3

Activity NCIS investigates

Answer 3

• Sexual Assault
• Drug Rings/Trafficking
• Deaths
• Serious Drug Cases

Question 4

Types of Military Investigations

Answer 4

1. Criminal Investigation
2. Administrative Investigation

Question 5

Preliminary Inquiry

Answer 5

A “quick look”
- whether further investigation is required
- which type of investigation(s) to employ

Question 6

Procedure for a Preliminary Inquiry

Answer 6

1. Written or oral appointing order from the CO
2. Investigation conducted by one Officer and SEL
3. No hearing
4. 3 days to conduct
5. CO decides if further investigation is needed

Question 7

Criminal Investigation Characteristics

Answer 7

1. Incidents may be sent directly to a criminal investigation
2. Suspects are read their Article 31(b) before

Question 8

Types of JAGMAN Admin Investigations

Answer 8

1. Command Investigation
2. Litigation Report
3. Court/Board of Inquiry

Question 9

Types of Administrative Investigations

Answer 9

1. Preliminary Inquiry
2. Safety investigation
3. Command investigation
4. Board/court of inquiry
5. Litigation report

Question 10

Special rule for Sexual Assaults

Answer 10

Commanders are required to immediately report sexual related offenses to their military criminal investigateive organization. i.e. NCIS

Command should not perform its own investigations

Question 11

Court of Inquiry characteristics

Answer 11

• Convened by Gen. Court-Martial Convening Authority
• Testimony taken under oath
• At least 3 commissioned officeres
• Hearing procedure
• Has subpoena power - order military witnesses to appear

Question 12

Board of Inquiry characteristics

Answer 12

• Convened by GCMCA
• 1 or more officers
• Hearing procedure
• DOES NOT have subpoena power

Question 13

Method of a Command Investigation

Answer 13

1. One person will be appointed IO
2. IO will take statements/testimony from witnesses
3. Interview folks suspected of wrongdoing last
4. Coordinate with legal/NCIS to ensure no stepping on toes
5. Formulate report at the end

Question 14

Purpose behind a Command Investigation

Answer 14

Ascertain what happened and create a record for benefit of command authority and/or member.
- Command wants to prevent future incident
- Member may be entitled to survival or disability benefits

Question 15

Required sections of a Command Investigation

Answer 15

1. Preliminary Statement
2. Findings of Fact
3. Opinions
4. Recommendations
5. Enclosures
6. Endorsements

Question 16

Litigation Reports (LITREPs)

Answer 16

Assist Department of Navy/U.S. Government against possible litigation
* Required when there is a monetary claim for or against the U.S. Government