Quantcast Line of Duty/Misconduct Determinations - 14135_369

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Uses of the Record of Investigation - 14135_368
Legalman 1 & C - Navy Lawyer / Jag training guide manuals
What Constitutes Misconduct - 14135_370
evidence and locate and interview witnesses. To decide which course of action to pursue, the CA should set a specific date for the IO to submit an interim oral report. Summaries  of  testimony  or  evidence  developed  by  the IO  may  be  used  as  an  aid  by  any  subsequent investigative  body,  and  the  initial  IO  maybe  detailed  to assist  the  fact-finding  body. Courts of inquiry and investigations required to conduct a hearing are only used to investigate the most serious   incidents. These incidents frequently have extraordinary  media  and  congressional  interests,  and considerable  pressure  is  often  exerted  to  complete  the investigations in a limited period of time. Because of the  nature  of  these  investigations,  CAs  are  tasked  with providing  support  for  the  investigations.  Personnel assigned to support these investigations are under the command of the president of the court of inquiry or the IO  in  an  investigation  requiring  a  hearing.  The investigation  becomes  the  primary  duty  of  all  support personnel.  The  following  types  of  support  will  be provided  when  appropriate: l l l l l l l l Technical  advisors Court  reporters Interpreters Evidence  custodians Security Administrative  support  personnel Public  affairs  officers Messages LINE  OF  DUTY/MISCONDUCT DETERMINATIONS To assist in the administration of naval personnel, the CO is required to inquire into certain cases of injury, disease, or death incurred by members of his or her command. When these inquiries are conducted, the CO is  required  to  make  what  is  referred  to  as  line  of duty/misconduct  determinations.  As  in  most  matters, the type of inquiry and the degree of formality of the report will depend upon the circumstances of each case. Normally,  the  CO  of  the  service  member  involved is  responsible  for  making  the  determination  as  to  the type of, and necessity for, inquiry required. If a service member is injured and admitted to a naval hospital, the CO of the naval hospital will, if no investigation has been  ordered,  report  the  matter  to  the  local  area coordinator or other comparable authority who will take action  to  cause  an  investigation  to  be  conducted. The results of the inquiry and the subsequent line of duty/misconduct  determination  can  affect  several benefits and/or rights administered by the DON to which the injured party may be entitled. Some of these rights include  the  following: .  Extension  of  enlistment . Longevity and retirement multiplier . Forfeiture of pay . Disability retirement and severance pay This  report  also  may  be  made  available  to  the Department of Veterans Affairs to assist them in making determinations concerning Veterans Administration benefits. WHEN  LINE  OF  DUTY/MISCONDUCT DETERMINATIONS ARE REQUIRED Findings  concerning  line  of  duty/misconduct  must be made in every case where a member of the naval service incurs a disease or injury that (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). Opinions concerning line of duty are prohibited in death cases. Misconduct will not be attributed to a deceased member. If such an opinion has been made or recorded after the incurrencc of an injury, but before death, the convening or reviewing authority will note the error  and  its  lack  of  validity  in  the  endorsement. Because federal agencies must make determinations with respect to survivor benefits, all significant and relevant facts will be recorded in a timely manner when the command is required to investigate the death of a member. WHAT CONSTITUTES LINE OF DUTY An  injury  or  disease  incurred  by  naval  personnel while  on  active  service  is  presumed  to  have  been incurred in the line of duty unless there is clear and convincing evidence that it was incurred during one of the  following  situations: . While absent without leave, and such absence materially interfered with the performance of required military duties. Generally speaking, absence in excess 13-19

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