statements of witnesses under oath, it should
use the oaths prescribed in JAGMAN 0212b.
The Privacy Act requires that a Privacy
Act statement be given to anyone who is
requested to supply personal information in
the course of a JAGMAN investigation when
that information will be included in a system
of records. Note that witnesses will rarely
provide personal information that will be
retrievable by a witness name or other
Since such retrievability
is the cornerstone of the definition of system
of records, in most cases the Privacy Act will
not require warning anyone unless the
investigation may eventually be filed under
that individuals name.
Social security numbers should not be
included in JAGMAN investigation reports
unless they are necessary to precisely identify
the individuals involved, such as in death or
serious injury cases. If a service member or
civilian employee is asked to voluntarily
provide their social security number for the
investigation, a Privacy Act statement must be
If the number is obtained from
other sources, the individual does not need to
be provided with a Privacy Act statement.
The fact that social security numbers were
obtained from other sources should be noted
If prosecution for a suspected offense
under the UCMJ appears likely, the witness
suspected of the offense should be warned
under Article 31(b), UCMJ, and JAGMAN
0170. Appendix A-1-m of the JAGMAN
shows the proper form to be used. The IO
should collect all relevant information from
all sources-other than from those persons
interviewing the suspect.
A member of the armed forces, before
being asked to provide any statement relating
to the origin, incurrence, or aggravation of
any disease or injury suffered, should be
advised of the statutory right not to make such
a statement. Appendix A-2-f of the JAGMAN
contains a proper warning format and without
this warning the statements are invalid.
The appointing order directs completion of
the IOs report within 30 days of the date of
the appointing order.
established the following time limits for
processing JAGMAN investigations:
l The CA prescribes the time limit the
f a c t - f i n d i n g b o d y h a s t o s u b m i t i ts
This period should not
normally exceed 30 days from the date of the
appointing order; however, this period may be
extended for good cause.
requests and authorizations for extension as
enclosures to the investigation.
l The CA and each subsequent reviewer
have 30 days (20 days in death cases) to
review the investigation.
documented by the responsible endorser, and
deviations must be requested and approved in
advance by the immediate senior in command
who will next review the investigation.
The investigative report, submitted in letter
form, consists of the following items:
l A preliminary statement
l Findings of fact