Naval Science 402 Leadership and Ethics Lesson 23 Administrative Investigations.

Naval Science 402Leadership and Ethics

Lesson 23Administrative Investigations

Objectives

• Comprehend junior officer responsibilities relative to the military justice system including familiarization with administrative investigations.

• Know the types of administrative fact-finding bodies.

JAGMAN Investigations

• Courts (3) / boards (1) of inquiry.• Litigation-report investigations.• Command investigations.

– Most likely for a JO to observe or participate in.

• When is an investigation required? ...

Major Incident (Definition)

• Extraordinary event resulting in:– Multiple deaths, substantial property loss, or substantial

harm to the environment.• Circumstances suggest a lack of:

– Professionalism, leadership, judgment, communication, state of material readiness.

Major Incident (Definition)

• Often accompanied by national public and press interest and significant congressional attention.

• Potential of undermining public confidence in the naval service.

Preliminary Inquiry

• May be used prior to appointing a court/board to– Identify essential witnesses– Determine timelines– Gather and protect evidence and data– Assist in determining subsequent proceedings

Courts / Boards of Inquiry

• Reserved for the investigation of major incidents or serious or significant events

• Uses a hearing procedure• Convened by GCM authority (also SECNAV for

courts)• Time limit - defined by convening authority

Litigation-report Investigations• Used when an incident or event is likely to result in

claims or civil litigation against or for DON or the united states– Conducted under the direction and supervision of a judge

advocate– Protected from disclosure to anyone who does not have

an official need to know– Forwarded to the judge advocate general

• Time limit - 30 days

Command Investigations

• Gather, analyze, and record relevant information about an incident or event of primary interest to command authorities.– Significant property losses.– Misconduct due to disease/injury.– Suicides or unusual deaths.– Aircraft incidents, groundings, flooding, fires, etc that

are not major.• Time limit - 20 to 30 days.

Components of an Investigative Report• Appointing order• Preliminary statement• Supporting enclosures

– Statements (sworn or Unsworn)– Pictures– Reports or other documentation

• Findings of fact (supported by enclosures)• Opinions (supported by findings of fact)• Recommendations

Questions ???