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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:
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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
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