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Investigations Not Requiring a Hearing - 14135_353
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Attorney Work Product Statement - 14135_355
1. Subject line (fig. 13-1) All fact-finding bodies are required, as directed in 2. Witness warnings, purpose, and scope of the paragraph 2 of figure 13-2, to make findings of fact. In the typical  investigation  not  requiring  a  hearing,  the investigation  (fig.  13-2) appointing  order  directs  the  IO  to  conduct  a  thorough The  paragraphs  in  figure  13-2  serve  several  purposes. investigation into all the circumstances connected with the They recite the specific purpose(s) of the investigation, subject incident and to report findings of facts, opinions, give explicit instructions as to the scope of the inquiry, and and recommendations concerning the following: direct the IO to the required witness warnings. l These  instructions  help  the  IO  accomplish  all  the objects of the investigation, not just the CA’s immediate l objectives. For example, the following case of a vehicle accident involving a member of the naval service may l give rise to various concerns that include (1) the CA who orders the investigation may be concerned whether local procedures regarding the use of government vehicles l should be changed and whether disciplinary action may be warranted; (2) JAG maybe concerned with a line of duty/misconduct  determination;  and  (3)  the  cognizant l naval legal service office (NLSO) claims officer will be l concerned  with  potential  claims  for  or  against  the government. A  properly  completed  investigation requires the 10 to satisfy the special requirements for The  resulting  damage The injuries to members of the naval service and their line of duty and misconduct status The   circumstances   attending   the   death   of members of the naval service The  responsibility  for  the  incident  under investigation,   including   any   recommended administrative  or  disciplinary  action Claims  for  and  against  the  government Any other specific investigative requirements that are relevant, such as those contained in the JAGMAN each  of  these  different  determinations. During the course of the investigation, on advice of the investigative body or on his or her own initiative, the Subj:  INVESTIGATION  TO  INQUIRE  INTO  THE  CIRCUMSTANCES  SURROUNDING  THE MOTOR  VEHICLE  ACCIDENT  INVOLVING,  AND  INJURIES  SUSTAINED  BY  YNSN  JOHN A.  DOE,  USN,  111-11-1111,  NAVAL  AIR  STATION,  PENSACOLA,  FLORIDA,  WHICH OCCURRED IN PENSACOLA, FLORIDA, ON 17 JULY 1994 Figure 13-1.—Sample subject line for JAGMAN investigation. Ref: (a) Oral appointing order at 0500 hours, 17 July 1994 (b) JAG Manual 1. Pursuant to reference (a), and under Chapter II, Part B, of reference (b), you are appointed to inquire, as soon as practical, into the circumstances surrounding the motor vehicle accident and injuries sustained by YNSN John A. Doe, which occurred in Pensacola, Florida, on 17 July 1994. 2. You are to investigate all facts and circumstances surrounding the motor vehicle accident that occurred at Pensacola, Florida on 17 July 1994. You must investigate the cause of the motor vehicle accident, resulting  injuries  and  damages,  potential  claims  for  or  against  the  government,  and  any  fault,  neglect,  or responsibility therefore. You must express your opinion of the line of duty and misconduct status of any injured naval member. You should recommend appropriate administrative or disciplinary action. Report your findings of fact, opinions, and recommendations by 16 August 1994, unless an extension of time is granted, In particular, your attention is directed to sections 0202e, 0213 0215b, 0227a, 0229, 0803-0804, and appendix A-2-e of reference (b). Figure 13-2.-Sample witness warnings, purpose, and scope of investigation. 13-4

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