4 - Military Investigations II

Question 1

Instances where a Line of Duty Investigation is required

Answer 1

1. Illness or injury may result in permanent disability
2. Member misses duty for a period of more than 24 hours
3. Member has died

Question 2

What is in the Line of Duty?

Answer 2

1. Result of the member’s own misconduct
2. While avoiding duty by deserting
3. AWOL and absence interferes with the performance of military duties
4. Confined under a sentence of court-martial that included an unremitted dishonorable discharge
5. Confined under a sentence of a civil court following a conviction of an offense

Question 3

What constitutes as “misconduct” in a LOD determination?

Answer 3

If the action was intentionally incurred or the result of willful neglect

Misconduct can never be “in line of duty”

Question 4

Possible findings of LOD

Answer 4

1. “In line of duty” & “not due to misconduct”
2. “Not in line of duty” & “not due to misconduct”
3. “Not in line of duty” & “due to member’s misconduct”

Question 5

What is considered “Not in the Line of Duty”?

Answer 5

• Member is a Deserter
• UA if UA was a “material interference”
• In brig/jail after being awarded a dishonorable discharge
• Due to service member’s own misconduct

Question 6

What is considered JAGMAN “Misconduct”?

Answer 6

• Intentional Injury
• Willful Neglect
  -Member must have acted with willful neglect
  -Willful neglect must have caused injury (proximate cause)