JAGMAN Flashcards

1
Q

Which chapter of the JAGMAN has the types of investigations?

A

JAGMAN Chapter 2

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2
Q

What are the two types of Investigations?

A

Preliinary Inquiry, Command Investigation

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3
Q

What is a preliminary inquiry?

A

Analytical tool to help a commander determine whether a command investigation is warranted and if so, how it should be conducted
(figure out if there is a problem)

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4
Q

What is a command investigation?

A

Functions as a tool to gather, analyze and record relevant info about an incident or event of primary interest to the command
(solve a problem)

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5
Q

what are the subparts of a preliminary inquiry?

A

Personnel contacted
Materials reviewed
Summary of findings
Recommendation

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6
Q

what are the subparts of a command investigation?

A

Preliminary statement
Findings of fact

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7
Q

What are a commanders options after a Preliminary inquiry is complete?

A
  1. Take no further action
  2. Make appropriate medical or dental record line of duty determination
  3. Conduct command investigation
  4. Convene a litigation investigation report to be conducted
  5. Convene a court
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8
Q

What are the types of command investigations?

A

Litigation report
court/board of inquiry
Line of Duty
Command investigation

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9
Q

what is a convening order/appointment order?

A

Recites specific purpose of the investigation
Requires findings of fact
Identify potential witnesses
Direct the assistance of a judge advocate
Specify due date

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10
Q

What goes into the Findings of Fact?

A

5 W’s plus how
Logically arranged
Specific as possible
One fact per finding

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11
Q

What types of recommendations can you give?

A
  1. Can offer disciplinary recommendations
  2. Can offer process recommendations
  3. Can offer training recommendations
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12
Q

What is a litigation report?

A

Primary purpose is to prepare and defend the Dept of the Navy in court.
Determine 5 W’s. Conducted under supervision of a judge advocate. Typically no opinions / recommendations.what
Unsigned statements / summaries

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13
Q

what is a board / court of inquiry?

A

Reserved for investigating “major incidents”. Convened by GCMCA.
Both bodies can compel marines/sailors to appear.
Court of inquiry possesses subpoena power

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14
Q

what is a line of duty death or injury?

A

A special opinion based on particular findings of fact triggered by Injury.
Possibility of permanent dange, or Physical inability to perform duty for 24 hours or more

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15
Q

An injury/disease/death incurred by a Marine/sailor on active duty is “in the line of duty” unless it occurred _____?

A
  1. As a result of marines misconduct
  2. While in a deserter status
  3. When UA in excess of 24 hours
  4. When confined by a GCM sentence carrying an unsuspended DD
  5. While confined for a civilian felony
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16
Q

Misconduct: An injury/disease/death incurred by a Marine/sailor on active duty is not due to his/her misconduct, unless the injury is

A
  1. Was intentionally incurred
  2. Was the result of “grossly negligent conduct that demonstrates a reckless disregard for the foreseeable and likely consequences
17
Q

What is not misconduct?

A
  1. Ordinary negligence alone
  2. Violation of minor law alone
  3. Intoxication at time of injury/death alone
  4. BAC of 0.1+ is enough to start debate
18
Q

What are the 3 possible determinations?

A
  1. In the line of duty and not due to misconduct
  2. Not in the line of duty and not due to misconduct
  3. Not in the line of duty and due to misconduct

Never “in the line of duty and due to misconduct