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Figure 10-1.-Security Termination Statement, 0PNAV Form 5511/14.
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Yeoman 1 & C - Military training manual
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Fact-Finding Body Required to Conduct a Hearing
CHAPTER 11 LEGAL Military law consists of the statutes governing the Military   Establishment   and   regulations   issued thereunder,  the  constitutional  powers  of  the  President and regulations issued thereunder, and the inherent authority of military commanders. Military law includes jurisdiction  exercised  by  courts-martial  and  the jurisdiction exercised by commanders with respect to nonjudicial punishment. The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the Military Establishment, and thereby to strengthen the national security of the United States. This   chapter   contains   information   about   the exercise of military jurisdiction through investigations. ADMINISTRATIVE  INVESTIGATIONS (FACT-FINDING BODIES) The Judge Advocate General is responsible for the administration, supervision, collection, storage, and release  of  investigations  conducted  by  administrative fact-finding bodies under the provisions of the  Manual of the Judge Advocate General,  (JAGMAN),   JAGINST 5800.7C. An officer in command is responsible for initiating investigations  of  incidents  occurring  within  his  or  her command  or  involving  his  or  her  personnel.  The reporting command of a member who is injured or dies during permanent change of station (PCS) transfer should  make  sure  appropriate  investigations  are conducted. If a command believes that its investigation of an incident is impractical, it may request another command to conduct the investigation. Administrative  fact-finding  bodies  collect  and record information. Their reports are advisory. Their opinions,  when  expressed,  do  not  constitute  final determinations  or  legal  judgments,  and  their recommendations, when made, are not binding upon convening or reviewing authorities. The   primary   function   of   an   administrative fact-finding body is to search out, develop, assemble, analyze, and record all available information about the matter under investigation. The  convening  authority  prescribes  the  time  period an  administrative  fact-finding  body  has  to  submit  its investigation.  This  period  should  not  normally  exceed 30 days from the date of the convening order. For good cause, however, the convening authority may extend the period. Requests and authorizations for extensions must be  included  as  enclosures  to  the  investigations. The  convening  authority  and  subsequent  reviewers have 30 days to review the investigation. In death cases, the  period  for  review  is  20  days.  Noncompliance  with these  time  requirements  must  be  explained  in  the endorsement of the deviating command. TYPES OF ADMINISTRATIVE FACT-FINDING BODIES There  are  three  types  of  administrative  fact-finding bodies: Courts of inquiry Fact-finding  bodies  required  to  conduct  hearings Fact-finding  bodies  not  required  to  conduct hearings The   type   of   fact-finding   body   convened   is determined by the purposes of the inquiry, relative seriousness of the subject under inquiry, complexity of factual  issues  involved,  time  allotted  for  completion  of the investigation, and the nature and extent of powers required  to  conduct  the  investigation. Court of Inquiry A  court  of  inquiry  is  convened  by  persons authorized  to  convene  general  courts-martial  or  so designated  by  the  Secretary  of  the  Navy.  (See  Article 135, Uniform  Code  of  Military  Justice  [UCMJ].)  A court of inquiry consists of at least three commissioned officers as members and appointed legal counsel for the court.  A  court  of  inquiry  is  convened  by  a  written appointing order. Testimony is taken under oath and all open   proceedings   are   recorded   verbatim,   except arguments  of  counsel,  regardless  of  whether  it  is directed in the appointing order. Hearing procedures are used. Persons subject to the UCMJ whose conduct is subject to inquiry must be designated parties. Upon their 11-1

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