Combined investigations of maritime incidents
Injuries and diseases incurred by service
Quality of medical care reasonably in issue
Redress of damage to property
A fact-finding body must be convened in the
following death cases:
(1) when the death of a
member of the naval service occurred, while on active
duty, from other than a previously known medical
condition; (2) when civilians or other nonnaval
personnel are found dead on a naval installation under
peculiar or doubtful circumstances, unless the
incident is one that the Naval Criminal Investigative
Service (NCIS) has exclusive jurisdiction; and (3)
when death, or permanent disability, in which the
adequacy of medical care is reasonably in issue.
You do not have to send a report to the Judge
Advocate General (JAG) when death occurs as a result
of enemy action.
A fact-finding body should be
convened and the record forwarded in any case when it
is unclear if enemy action caused the death. Because
some commercial life insurance policies contain certain
restrictions and/or certain types of double-indemnity
provisions, it is desirable to make sure the essential facts
are recorded while witnesses are known and available.
When feasible, the facts reported should permit
determinations as to whether death resulted from
accidental causes, natural causes, or enemy action.
Progress status reports are required on all death
investigations from all command and reviewing
activities every 14 days. Send a message to the Chief
of Naval Personnel, with JAG and all intermediate
commands/reviewing authorities as information
addressees. The requirement for the status report ceases
once the investigation has been sent to the next higher
level of command/reviewing authority.
Advise the next of kin that they may request copies
of the death investigation from JAG (Code 33). It is
most important, therefore, that mature, experienced
officers complete these investigations in an accurate,
professional, and expeditious manner. Send an advance
copy of each death investigation, with the GCM CA's
endorsement, to JAG.
If it would unduly delay
submission of the investigation to await a final autopsy
report, autopsy protocols, death certificates, or similar
documents, submit an initial report promptly upon
completion of the investigation. Submit a supplemental
report via the review chain, with an advance copy to
JAG, once the autopsy has been completed. The
advance report is usually released to the requesting next
of kin by JAG (after exclusion of material protected by
the exemptions to the Freedom of Information/Privacy
Act), unless JAG has been alerted that subsequent
reviewers may significantly alter findings, opinions, or
recommendations; in which case, release is withheld
until the investigative report is finally reviewed.
INVESTIGATIONS REQUIRED BY OTHER
If an investigation is required under the JAGMAN,
it must be conducted in addition to any other
investigation required by other regulations. Situations
in which two investigations may be required are listed
in JAGMAN § 0208a.
A JAGMAN investigation is not required if there is
no reason for the investigation other than possible
disciplinary action. To avoid interference, a JAGMAN
investigation should not normally proceed at the same
time as a law-enforcement type of investigation by the
Federal Bureau of Investigations (FBI), NCIS, or local
civilian law-enforcement units.
If an investigation is required for other than
disciplinary action, the IO should communicate with the
law-enforcement personnel, explaining the need for the
JAGMAN investigation, and request that the police
investigators keep him or her informed of what
information is obtained.
Other types of investigations that have additional
instructions and guidance include the following:
Safety investigationsOPNAVINST 5100.14
Aircraft accident reports and aircraft mishap
Accidental inquiry to personnelOPNAVINST
Felonies involving both naval and civilian