JAGMAN Flashcards
Define Preliminary Inquiry (PI)
preliminary inquiry (PI) is a quick and informal investigative tool that can be used to determine initially whether a particular incident is serious enough to warrant some form of JAGMAN investigation.
How long should a PI usually take?
No longer than 3 days
Define Command investigation
Command Investigation (CI) functions to search out, develop, assemble, analyze, and record all available information relative to the incident under investigation.
When are CI’s required?
aircraft mishaps; explosions; ship stranding or flooding; fires; loss of government funds or property; firearm accidents; security violations; injury to servicemembers, where such injury is incurred while “not in the line of duty”; and deaths of servicemembers where there is a “nexus,” or connection, to naval service.
What is Litigation-Report Investatgations (LRI)?
An investigation that is appropriate whenever the primary purpose of the investigation is to prepare and defend the legal interests of the Navy in claims proceedings or civil litigation.
What are some special requirements an LRI?
- convened only after consultation with a cognizant judge advocate
- conducted under the direction and supervision of a judge advocate
- protected from disclosure to anyone who does not have an official need to know
- conducted primarily in anticipation of claims and/or litigation
Define Line of Duty/Misconduct determination.
Assist in the administration of naval personnel issues, the commanding officer is required to inquire into certain cases of injury or disease incurred by members of his or her command.
When are LOD/misconduct determinations are required?
When a member of the naval service incurs a disease or injury that might result in permanent disability or results in the physical inability to perform duty for a period exceeding 24 hours
What are the reasons for a LOD/misconduct determination?
Adverse LOD/misconduct determination can affect several benefits and/or rights including: extension of enlistment; withholding of longevity and retirement multipliers for the time missed, and; denial of disability retirement and/or severance pay
What constitutes “line of duty?”
Injury or disease incurred by naval personnel while on active duty service is presumed to have been incurred “in line of duty” unless there is clear and convincing evidence that it was incurred:
As a result of the member’s own “misconduct.”
While avoiding duty by deserting, or UA or confined
