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and an additional copy for JAG. In cases involving
death or injury to service members, JAG receives the
original and three copies. When certain types of
incidents are investigated, send advance copies of the
investigative report as soon as possible. Investigations
requiring advance copies include the following:
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Admiralty cases
Collisions
Loss or stranding of a ship
Postal losses
Serious incidents
Deaths/serious inquiries
Material property damages
Claims investigations
In all cases where it is appropriate to send an
advance copy of an investigation to JAG, the advance
copy will be sent by an officer exercising general
court-martial jurisdiction (OEGCMJ) and will include
that officer’s endorsement.
RELEASING INVESTIGATIONS
Convening and reviewing authorities are not
authorized to release JAGMAN investigations. The
CNO (OP-09N) is the release authority for
investigations involving classified information and JAG
is the release authority for all other JAGMAN
investigations.
The other types of administrative investigations
conducted are the court of inquiry and the investigation
required to conduct a hearing. As stated earlier,
procedural y there are only two types. Let’s look at the
second type of administrative investigations now.
COURTS OF INQUIRY AND
INVESTIGATIONS REQUIRED TO
CONDUCT A HEARING
Other than conducting a hearing, the common
thread that runs between a court of inquiry and an
investigation required to conduct a hearing is the
concept of parties.
PARTIES
A party is a person subject to the UCMJ who has
properly been designated as such in connection with a
court of inquiry or an investigation required to conduct
a hearing whose conduct is the subject of the inquiry or
who has a direct interest in the inquiry. Upon request,
an employee of the Department of Defense (DOD)
having a direct interest in the subject of the inquiry must
be designated as a party. Designation as a party affords
that individual a hearing on possible adverse
information concerning him or her.
A person’s conduct or performance is subject to
inquiry when that person is involved in the incident
under investigation in such a way that disciplinary
action may follow, that rights or privileges may be
adversely affected, or that personal reputation or
professional standing may be jeopardized.
A person has a direct interest in the subject of
inquiry when (1) the findings, opinions, or
recommendations may, in view of his or her relation to
the incident or circumstances under investigation,
reflect questionable or unsatisfactory conduct or
performance of duty or (2) the findings, opinions, or
recommendations may relate to a matter over which the
person has a duty or a right to exercise control.
The CA of the court of inquiry or investigation
required to conduct a hearing may designate parties, or
the fact-finding body may be expressly authorized by
the CA to designate parties.
A person designated as a party before a court of
inquiry or an investigation required to conduct a hearing
has the following rights:
. To be given due notice of such designation
. To be present during the proceedings, except
when the investigation is cleared for deliberations
. To be represented by counsel
. To be informed of the purpose of the
investigation and be provided with a copy of the
appointing order
. To examine and object to the introduction of
physical and documentary evidence and written
statements
. To object to the testimony of witnesses and to
cross-examine witnesses other than his or her own
. To request that the court of inquiry or
investigation obtain documents and testimony of
witnesses, or pursue additional areas of inquiry
. To introduce evidence
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