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Exam IV > JAGMAN > Flashcards

JAGMAN Flashcards

1
Q

What is a Preliminary Inquiry (PI)?

A

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.

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2
Q

Who may conduct a PI?

A

Convening Authority (CA) or appoint a member of the command to do so.

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3
Q

Generally, how long should a PI take?

A

Not longer than 3 working days.

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4
Q

What is tendered to the CA upon completion of the PI?

A

A report.

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5
Q

Upon completion of the PI the CA has what options available?

A
  1. Take no further action.
  2. Conduct a command investigation.
  3. Convene a litigation-report investigation. 4. Convene a court or board of inquiry.
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6
Q

After deciding an option who does the CA report that decision to?

A

His/her immediate supervisor in the chain-of-command.

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7
Q

Can options be reconsidered or directed to take a particular course of action?

A

Yes.

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8
Q

What is the most common investigation?

A

Command Investigation (CI)

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9
Q

What are the functions of the CI?

A

Search out, develop, assemble, analyze, and record all available information relative to the incident under investigation.

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10
Q

What consists of a CI?

A
  1. Findings of fact
  2. Opinions
  3. Recommendations
  4. Lessons learned
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11
Q

When are CI required?

A

Incidents involving:

  1. Aircraft mishaps
  2. Explosions
  3. Ship stranding or flooding
  4. Fires
  5. Loss of government funds or property
  6. Firearm accidents
  7. Security violations
  8. Injury to servicemembers, where such injury is incurred while “not in the line of duty”.
  9. Deaths of servicemembers where there is a “nexus,” or connection, to naval service.
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12
Q

When are CI not used?

A
  1. Major incidents
  2. Incidents that have resulted or are likely to result in claims or litigation against or for the Navy or the United States.
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13
Q

A CI will be convened, in writing, by who?

A

CA

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14
Q

What can happen if the investigation of the incident is impractical or inappropriate for the command to investigate?

A

Another command may be requested to conduct the investigation.

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15
Q

What is the normal time period to have a report due?

A

Normally 30-days from the date of the convening authority.

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16
Q

Are extensions granted & how?

A

Yes. They are noted in the preliminary of the statement of the final report.

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17
Q

What is the general goal of conducting the investigation?

A

To find out who, what, when, where, how and why an incident occurred.

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18
Q

What is one of the principle advantages of the CI?

A

Investigating Officer (IO) is not bound by formal rules of evidence.

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19
Q

What is a key to writing a good CI?

A

Organization

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20
Q

When drafting opinions & recommendations what should the IO address?

A
  1. Responsibility

2. Accountability

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21
Q

What is the most recently created type of JAGMAN?

A

The litigation-report investigation.

22
Q

When is a litigation-report investigation appropriate?

A

Whenever the primary purpose of the investigation is to prepare and defend the legal interests of the Navy in claims proceedings or civil litigation.

23
Q

What special requirements are there for a litigation-report investigation?

A
  1. Convened only after consultation with a “cognizant judge advocate”.
  2. Conducted under the direction and supervision of a judge advocate.
  3. Protected from disclosure to anyone who does not have an official need to know.
  4. Conducted primarily in anticipation of claims and/or litigation.
  5. Ultimately forwarded to the Judge Advocate General.
24
Q

What is the goal of the litigation-report investigation?

A

To document who, what, when, where, how and why an incident occurred.

25
Q

During a litigation-report investigation is the IO bound by formal rules of evidence?

A

No.

26
Q

What is the key to writing a litigation-report investigation?

A

Organization

27
Q

What is the easiest form to follow when conducting a litigation-report investigation?

A

Recitation of the facts in chronological, step-by-step order.

28
Q

Can the IO draft opinions &/or recommendations?

A

No

29
Q

When can the IO draft opinions &/or recommendations?

A

When specifically directed to by the supervising judge advocate.

30
Q

How are copies of the litigation-report investigation maintained & filed?

A

“FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT”

31
Q

Who must be consulted before releasing any portion of the report to anyone?

A

A judge advocate.

32
Q

When members of a command incur certain cases of injury or disease what must be conducted?

A

Line of duty (LOD)/Misconduct determination

33
Q

What benefits &/or rights can a LOD/Misconduct determination affect?

A
  1. Extension of enlistment
  2. Withholding of longevity and retirement multipliers for the time missed
  3. Denial of disability retirement and/or severance pay.
34
Q

When are LOD’s/Misconduct determinations required?

A

When a member of the naval service incurs a disease or injury that:

  1. Might result in permanent disability, or
  2. Results in the physical inability to perform duty for a period exceeding 24 hours.
35
Q

Are opinions concerning LOD prohibited in death cases?

A

YES

36
Q

What constitutes LOD?

A

Injury or disease incurred by naval personnel while on active duty service.

37
Q

What does not constitute LOD?

A
  1. Result of the member’s own “misconduct.”
  2. While avoiding duty by deserting.
  3. While absent without leave (generally, in excess of 24 hours).
  4. While confined under sentence of a court-martial that included an unremitted dishonorable discharge.
  5. While confined under sentence of civil court following conviction of an offense that is defined as a felony by the law of the jurisdiction where convicted.
  6. As intentionally self-inflicted.
38
Q

What is gross negligence?

A

Wrongful conduct that constitutes more than simple negligence or carelessness. Reckless disregard for one’s own safety or that of others.

39
Q

What are examples of gross negligence?

A
  1. Simple Negligence: Exceeding the speed limit by 5 miles per hour.
  2. Gross Negligence: Exceeding the speed limit by 40 miles per hour knowing that you have no brakes.
  3. Proximate Cause: If the injuries are caused by a meteor falling on the car, the gross negligence involved in driving a car at a high rate of speed without brakes is not the proximate cause of the injuries.
  4. Reasonably Foreseeable
40
Q

What are the only 3 possible LOD/misconduct determinations that injuries were incurred?

A
  1. In the line of duty and not due to misconduct (A Marine is injured in an automobile accident through no fault of his own and was in an authorized leave or liberty status)..
  2. Not in the line of duty and not due to misconduct (A Marine is injured in an automobile accident through no fault of his own but while in an unauthorized absence [UA] status for more than 24 hours).
  3. Not in the line of duty and due to the member’s own misconduct (A Marine in a “deserted” status gets shot while attempting armed robbery).
41
Q

What must each injury or disease requiring LOD/Misconduct determinations be reviewed by?

A

Preliminary Inquiry (PI)

42
Q

How does the command report the results to the GCMCA upon completion of the PI?

A

Personnel Casualty Report system.

43
Q

When are Command Investigations (CI) required?

A
  1. The injury or disease was incurred in such a way that suggests a finding of “misconduct” or “not in line of duty” might result.
  2. There is a reasonable chance of permanent disability and the CA considers an investigation essential to ensuring an adequate official record.
  3. The injury involves a Naval or Marine Reservist and the CA considers an investigation essential to ensuring an adequate official record.
44
Q

What ways are the death of naval personnel or civilian personnel at military places be recorded?

A
  1. Autopsy reports
  2. Battlefield reports
  3. Medical reports
45
Q

Who must be notified on any death case involving actual or suspected criminal conduct?

A

NCIS

46
Q

What must be conducted into the death of a military member or civilian under military control?

A

Preliminary Inquiry (PI)

47
Q

An investigation under the JAGMAN will normally not be conducted if the death shows what?

A
  1. Was the result of a previously known medical condition and the adequacy of military medical care is not reasonable in issue; or
  2. Was the result of enemy action.
48
Q

What must the command obtain & from who regarding death of military personnel off-duty & not on military places?

A

Copy of the investigation from the civilian authorities.

49
Q

Will investigations reports contain opinions concerning LOD/Misconduct regarding death cases?

A

No.

50
Q

How can you obtain information from witnesses?

A
  1. Personal interview
  2. Correspondence
  3. Telephone Inquiry
51
Q

The IO must consult with who before obtaining signed & sworn statement during the course of a litigation-report investigation?

A

The supervising judge advocate

Exam IV (6 decks)

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