Judge Advocate General Manual (JAGMAN) Flashcards
The 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.
Upon reviewing the results of the PI, the CA (convening authority) should take one of the following actions:
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).
The Command Investigation (CI) functions to
search out, develop, assemble, analyze, and record all available information relative to the incident under investigation.
CIs are likely to be the appropriate investigative tool for incidents involving:
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
A CI would not be used for the following:
“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
When is a CI report due
The CA will prescribe when the report is due, normally 30 days from the date of the convening order
Conducting the Investigation- the general goal is to
find out who, what, when, where, how and why an incident occurred
The key to writing a good CI is
organization
Special requirements- A litigation-report investigation must be:
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.
After first consulting with the cognizant judge advocate, a litigation-report investigation will be convened,
in writing, by the CA.
As with the CI, the general goal of the litigation-report investigation is to document
who, what, when, where, how and why an incident occurred.
The IO must consult with the supervising judge advocate and decide what the purpose and methodology of his/her investigation is before
starting to collect evidence
The key to writing a litigation-report investigation is organization. As IO, you must take the time to
reconstruct the incident in your mind, pulling together all the evidence. You must then document the incident in a readable fashion.
The IO must not draft
opinions and/or recommendations unless specifically directed to by the supervising judge advocate.
Reason for LOD/misconduct determinations are
extension of enlistment; withholding of longevity and retirement multipliers for the time missed, and; denial of disability retirement and/or severance pay.
When LOD/misconduct determinations are required are
- Might result in permanent disability; or
- 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.
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
- While absent without leave, and such absence materially interfered with the performance of required military duties (generally, in excess of 24 hours).
- While confined under sentence of a court-martial that included an unremitted dishonorable discharge
- 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.
- As intentionally self-inflicted (e.g., shooting yourself in the foot).
Gross negligence is
a reckless disregard for one’s own safety or that of others
Example of Simple Negligence
Exceeding the speed limit by 5 miles per hour.
Example of Gross Negligence
Exceeding the speed limit by 40 miles per hour knowing that you have no brakes.
Example of 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
Eample of Reasonably Foreseeable
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
Each injury or disease requiring LOD/misconduct determinations must be reviewed through use of a
PI (Preliminary Inquiries). JAGMAN, 0230a
CI’s are only required when:
- 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));
- There is a reasonable chance of permanent disability and the CA considers an investigation essential to ensuring an adequate official record;
- The injury involves a Naval or Marine Reservist and the CA considers an investigation essential to ensuring an adequate official record.
