Judge Advocate General Manual (JAGMAN)

Question 1

The preliminary inquiry (PI) is

Answer 1

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.

Question 2

Upon reviewing the results of the PI, the CA (convening authority) should take one of the following actions:

Answer 2

1. Take no further action 
JAGMAN 0205a(2)(a)
2. Conduct a command investigation
JAGMAN 0205a(2)(b).
3. Convene a litigation-report investigation
JAGMAN 0205a(2)(c).
4. Convene a court or board of inquiry
JAGMAN 0205a(2)(d).

Question 3

The Command Investigation (CI) functions to

Answer 3

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

Question 4

CIs are likely to be the appropriate investigative tool for incidents involving:

Answer 4

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

Question 5

A CI would not be used for the following:

Answer 5

“Major” incidents, (see JAGMAN Appendix A-2-a for definition); incidents that have resulted or are likely to result in claims or litigation against or for the Navy or the United States

Question 6

When is a CI report due

Answer 6

The CA will prescribe when the report is due, normally 30 days from the date of the convening order

Question 7

Conducting the Investigation- the general goal is to

Answer 7

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

Question 8

The key to writing a good CI is

Answer 8

organization

Question 9

Special requirements- A litigation-report investigation must be:

Answer 9

convened only after consultation with a “cognizant judge advocate” (see JAGMAN, Appendix A-2-a for definition); 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; and ultimately forwarded to the Judge Advocate General.

Question 10

After first consulting with the cognizant judge advocate, a litigation-report investigation will be convened,

Answer 10

in writing, by the CA.

Question 11

As with the CI, the general goal of the litigation-report investigation is to document

Answer 11

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

Question 12

The IO must consult with the supervising judge advocate and decide what the purpose and methodology of his/her investigation is before

Answer 12

starting to collect evidence

Question 13

The key to writing a litigation-report investigation is organization. As IO, you must take the time to

Answer 13

reconstruct the incident in your mind, pulling together all the evidence. You must then document the incident in a readable fashion.

Question 14

The IO must not draft

Answer 14

opinions and/or recommendations unless specifically directed to by the supervising judge advocate.

Question 15

Reason for LOD/misconduct determinations are

Answer 15

extension of enlistment; withholding of longevity and retirement multipliers for the time missed, and; denial of disability retirement and/or severance pay.

Question 16

When LOD/misconduct determinations are required are

Answer 16

1. Might result in permanent disability; or
2. results in the physical inability to perform duty for a period exceeding 24 hours (as distinguished from a period of hospitalization for evaluation or observation). JAGMAN 0221.

Question 17

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:

Answer 17

1. As a result of the member’s own “misconduct.”
2. While avoiding duty by deserting
3. While absent without leave, and such absence materially interfered with the performance of required military duties (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 (e.g., shooting yourself in the foot).

Question 18

Gross negligence is

Answer 18

a reckless disregard for one’s own safety or that of others

Question 19

Example of Simple Negligence

Answer 19

Exceeding the speed limit by 5 miles per hour.

Question 20

Example of Gross Negligence

Answer 20

Exceeding the speed limit by 40 miles per hour knowing that you have no brakes.

Question 21

Example of Proximate Cause

Answer 21

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

Question 22

Eample of Reasonably Foreseeable

Answer 22

If the injuries are caused by a bridge collapsing underneath the car and a Greyhound bus following the car into the water and landing on top of the car, the gross negligence involved in driving the car without brakes does not make those injuries reasonably foreseeable

Question 23

Each injury or disease requiring LOD/misconduct determinations must be reviewed through use of a

Answer 23

PI (Preliminary Inquiries). JAGMAN, 0230a

Question 24

CI’s are only required when:

Answer 24

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 (JAGMAN, 0230d(1), (2));
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.

Question 25

An investigation under the JAGMAN will normally not be conducted if the PI shows that the death:

Answer 25

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

Question 26

In handling witnesses each witness should be interviewed

Answer 26

separately

Question 27

Ask for clarification if the witness is speaking in

Answer 27

broad or vague terms (e.g., “He was drunk”; “What gave you that impression?”; “He had an odor of alcohol about him, his eyes were bloodshot, he was slurring his speech and unable to maintain his balance”).