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Misconduct
imposed   upon   enlisted   personnel   as   nonjudicial punishment,  punitive  letters  may  be  either  written  or oral. Punitive letters issued to enlisted personnel in execution of a court-martial sentence must be in writing. Unless withdrawn or set aside by higher authority upon appeal, punitive censure letters become part of the official service record of the member to whom they are addressed. The issuance of a punitive letter and the facts of the underlying offenses may be mentioned in the member’s  fitness  report  or  enlisted  evaluation  and  used to support a detachment for cause proceeding, relief of command, or any other administrative action on the part of  the  service  concerned. MISCONDUCT AND LINE OF DUTY Cases of injury resulting in loss of time from duty for less than 24 hours require no investigative report by a fact-finding body unless such report is required for a different  reason  as  listed  in  the  following  paragraphs. Cases of injury resulting in loss of time for more than 24 hours, but not likely to result in permanent disability, or in the case of injury resulting from enemy action  even  if  likely  to  result  in  permanent  disability, require no investigative report by a fact-finding body if both medical officer and CO are of the view that the injury was incurred in line of duty without misconduct on the part of the member and if there are no other circumstances as listed in the following paragraphs that require an investigative report. The pertinent factual and medical details are recorded in the health or dental record  of  the  individual. In cases in which an investigative report is not required,  a  preliminary  investigation  may  have  to  be made so that the CO can determine the line of duty and misconduct  status. Cases  of  injury  that  may  result  in  permanent disability  require  an  investigative  report.  However,  if the medical officer and CO are of the view that the injury was incurred in line of duty without misconduct on the part of the injured member, and if there are no other circumstances as listed in the following paragraphs that require an investigative report, the case is reported by an  Injury  Report,  NAVJAG  5800/15.  The  two-page form is filled out by the medical officer and the CO and then  forwarded  via  the  officer  exercising  general court-martial   jurisdiction   to   the   Judge   Advocate General. Cases of injury require an investigative report by a fact-finding body when the following circumstances occur: . Loss of time from duty exceeds 24 hours and the injury may have been incurred due to misconduct of the member or not in the line of duty. . The injury resulted from enemy action under circumstances suggesting misconduct of the member or not in line of duty. . The injury resulted in death. (The Death Report form may be used to report the circumstances when the medical officer and CO are of the view that the death was incurred in the line of duty without misconduct, not apparent suicide, or did not occur as the result of enemy action.)  However,  while  an  investigative  report  is required,  the  findings  of  fact  are  not  followed  by opinions as to line of duty or misconduct. .  The  injury  was  incurred  under  unusual  or peculiar  circumstances. . The injury causes an adverse reflection on the conduct or performance of members of the naval service or  connected  therewith. . The injury was incurred by members of the Naval Reserve or Marine Corps Reserve en route to or from a period  of  active  duty,  training  duty,  or  an  inactive  duty training  (drill)  pried. . Claims are possible for or against the govern- ment under chapters XX through XXIII of the  JAG Manual. . There is any question of the mental responsibility or mental capacity of the injured party. l Convening of higher authority determines that the best interests of the naval service or the individual would  be  served  by  an  investigative  report. In any formal investigation that might possibly result in an opinion of misconduct or not in line of duty, the injured person is designated a patty and accorded rights. In any informal investigation, if the convening authority  has  substantial  doubts  that  the  injury  was incurred in line of duty or not as the result of misconduct, then the convening authority must afford the member a hearing. Any adverse finding as to misconduct and line of duty  is  never  applied  as  a  punitive  measure. disciplinary  action  is  taken  independently  of Any such 11-10

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