JAGMAN Flashcards
What is the purpose of JAGMAN Investigations
- Marine/Sailor injury/death/disease
- Vehicle accidents
- Lost/missing/damaged/destroyed Govt. property
What are the 3 types of Investigations
- Command Investigation (CI)
- Litigation Report
- Court/ Board of Inquiry
What is a Preliminary Inquiry (PI)
Quick/informal analytical tool used to determine additional investigation is warranted
- Advisory first step/“snapshot”
- Not intended to develop extensive facts
What are the CMDR’s options after PI
- 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
If additional/further investigation is warranted, how does an investigation get underway
Appointing Order or Appointing Letter
What are the 3 common types of investigation for “Command Investigation”
- 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
A Command Investigation (CI) has 4 parts
- Preliminary Statement
- Findings of Fact
- Options
- Recommendations
What is “Preliminary Statement”
-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
How to gather the “Finding of Facts”
-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)
What is “Opinions”
-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)
What is “Recommendations”
-Justify an appropriate command action based on the opinions
EX: That PFC Jones receive Battalion Level NJP for his actions in this incident.
What are “Litigation Report”
- 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
What are “Boards and Courts of Inquiry”
Reserved for investigating “major incidents”
What is “Line of Duty”
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
What is “Misconduct”
Grossly negligent conduct that demonstrates a reckless disregard for the foreseeable and likely consequences.” (ex. Russian roulette)
What is not considered “Misconduct”
- Ordinary negligence/carelessness
- Violation of minor law/regulation
- Intoxication at time of injury/death (BAC of .10+ is enough to start debate)
Conduct of Marine:
Marine on leave and is injured in a car accident
In the line of duty and not due to misconduct
Conduct of Marine:
Marine is a deserter and is hit by a drunk driver
Not in the line of duty and not due to misconduct
Conduct of Marine:
Marine is a deserter and is injured playing Russian Roulette
Not in the line of duty and due to misconduct
What are the Time Periods of a CI
- 30 days from date of convening order
- Extensions may be authorized in writing
What are the opinions concerning LOD
Prohibited in death cases
When will LOD and misconduct will be determine
Injury or disease requiring LOD/misconduct determinations must be reviewed through use of a PI
Required warning (LOD/ Misconduct)
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
What are the special considerations in Death cases
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)
Investigation reports will NOT contain
- Opinions concerning LOD/misconduct in death cases
- Misconduct will not be attributed to a deceased member
How to handle witnesses
- 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
