JAGMAN

Question 1

What is the purpose of JAGMAN Investigations

Answer 1

• Marine/Sailor injury/death/disease
• Vehicle accidents
• Lost/missing/damaged/destroyed Govt. property

Question 2

What are the 3 types of Investigations

Answer 2

• Command Investigation (CI)
• Litigation Report
• Court/ Board of Inquiry

Question 3

What is a Preliminary Inquiry (PI)

Answer 3

Quick/informal analytical tool used to determine additional investigation is warranted

• Advisory first step/“snapshot”
• Not intended to develop extensive facts

Question 4

What are the CMDR’s options after PI

Answer 4

• No further investigation is warranted
• Convene a Command Investigation
• Convene a Litigation Report
• Convene a Court/Board of Inquiry
• CO should consult cognizant SJA in determining options/whether additional investigation is required

Question 5

If additional/further investigation is warranted, how does an investigation get underway

Answer 5

Appointing Order or Appointing Letter

Question 6

What are the 3 common types of investigation for “Command Investigation”

Answer 6

• Why, How, When, Where, an incident occurred
• IO has a wide berth in conducting investigation
• Gather/analyze/record relevant info about an incident/event of primary interest to command

Question 7

A Command Investigation (CI) has 4 parts

Answer 7

• Preliminary Statement
• Findings of Fact
• Options
• Recommendations

Question 8

What is “Preliminary Statement”

Answer 8

-Any difficulties encountered
-Missing evidence /witnesses
-Lays foundation for the rest of the report
Ex: Despite repeated attempts, the Investigating Officer was unable to obtain PFC Jones’ medical record from City Hospital

Question 9

How to gather the “Finding of Facts”

Answer 9

-5 W’s plus “how”
-Chronologically arranged
-Assume nothing – i.e. dumb it down…
-One fact per sentence
-Properly reference enclosures
EX: At approximately 1330 on 22 July 2011, PFC Jones was driving a 1977 AMC Gremlin. (Encls. 4, 5)

Question 10

What is “Opinions”

Answer 10

-Inferences/conclusions logically based upon FoF’s
-Must references FoF’s
EX: Based upon the length of the tire marks in the intersection, PFC Jones was traveling at a high rate of speed at the time of the accident on 22 July 2011. (FoF 3, 4, 19, 22, 25, 26, 33, 40)

Question 11

What is “Recommendations”

Answer 11

-Justify an appropriate command action based on the opinions

EX: That PFC Jones receive Battalion Level NJP for his actions in this incident.

Question 12

What are “Litigation Report”

Answer 12

• Purpose of investigation is to prepare and defend the legal interests of the Dept. of Navy
• Someone will likely sue DoN orDoN will sue civilian

Question 13

What are “Boards and Courts of Inquiry”

Answer 13

Reserved for investigating “major incidents”

Question 14

What is “Line of Duty”

Answer 14

Injury/disease/death incurred by Marine/Sailor on A/D

• As a result of Marine’s misconduct…
• While in a deserter status
• When UA in excess of 24+ hrs
• While confined under a GCM sentence carrying an unsuspended DD
• While confined for a civilian felony

Question 15

What is “Misconduct”

Answer 15

Grossly negligent conduct that demonstrates a reckless disregard for the foreseeable and likely consequences.” (ex. Russian roulette)

Question 16

What is not considered “Misconduct”

Answer 16

• Ordinary negligence/carelessness
• Violation of minor law/regulation
• Intoxication at time of injury/death (BAC of .10+ is enough to start debate)

Question 17

Conduct of Marine:

Marine on leave and is injured in a car accident

Answer 17

In the line of duty and not due to misconduct

Question 18

Conduct of Marine:

Marine is a deserter and is hit by a drunk driver

Answer 18

Not in the line of duty and not due to misconduct

Question 19

Conduct of Marine:

Marine is a deserter and is injured playing Russian Roulette

Answer 19

Not in the line of duty and due to misconduct

Question 20

What are the Time Periods of a CI

Answer 20

• 30 days from date of convening order

- Extensions may be authorized in writing

Question 21

What are the opinions concerning LOD

Answer 21

Prohibited in death cases

Question 22

When will LOD and misconduct will be determine

Answer 22

Injury or disease requiring LOD/misconduct determinations must be reviewed through use of a PI

Question 23

Required warning (LOD/ Misconduct)

Answer 23

Person in Armed Forces, prior to being asked to make or sign any statement relating to the origin, incidence, or aggravation of any disease or injury that he or she has suffered, shall be advised of the right not to make such a statement

Question 24

What are the special considerations in Death cases

Answer 24

Death of naval personnel, civilian personnel at places under military control, may be recorded in a variety of ways, such as; autopsy reports, battlefield reports, and medical reports.
-NCIS must be notified (SECNAVINST 5520.3)

Question 25

Investigation reports will NOT contain

Answer 25

• Opinions concerning LOD/misconduct in death cases

- Misconduct will not be attributed to a deceased member

Question 26

How to handle witnesses

Answer 26

• Obtain information by personal interview, correspondence, or telephone inquiry
• IO should never obtain sign or sworn statement during course of litigation report investigation unless been consulted my judge
• Before interview witness, ensure you understand when and what rights advisement may be required
• Witness should be interviewed separately. Let the witness tell what happened; don’t ask questions that suggest answers