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CA may broaden or narrow the scope of the inquiry by
issuing supplemental directions amending the
appointing order.
Paragraph 2 of figure 13-2 also directs the IO to
report opinions and recommendations.
Unless
specifically directed by the appointing order, opinions
or recommendations are not made. The CA may require
recommendations in general, or in limited subject areas.
The appointing order may direct that testimony or
statements of some or all witnesses be taken under oath
and may direct that testimony of some or all witnesses
be recorded verbatim. When a fact-finding body not
requiring a hearing takes testimony or 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 personal identifier. 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 individual’s 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 provided.
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 in the
preliminary statement of the investigation.
If prosecution for a suspected offense under the
UCMJ appears likely, the witness suspected of the
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 suspected of offenses, misconduct,
or improper performance of duty—before 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.
As figure 13-2 illustrates, all sections of the
JAGMAN that may apply to the particular incident
under investigation should be listed, along with any
applicable chain of command directives.
Paragraph 2 of figure 13-2 directs completion of the
IO’s report within 30 days of the date of the appointing
order. JAGMAN 0202c established the following time
limits for processing JAGMAN investigations:
(a) The CA prescribes the time limit the
fact-finding body has to submit its investigation. This
period should not normally exceed 30 days from the date
of the appointing order; however, this period may be
extended for good cause. Always include requests and
authorizations for extension as enclosures to the
investigation.
(b) The CA and each subsequent reviewer have 30
days (20 days in death cases) to review the investigation.
Reasons for exceeding these time limits must be
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.
3. Attorney work product statement (fig. 13-3)
Figure 13-3 is an attorney work product statement.
This language must be included in the appointing order
if the possibility of litigation or a claim for or against the
offense should be warned under Article 31(b), UCMJ,
government exists.
3. This investigation is appointed in contemplation of litigation and for the express purpose of
assisting attorneys representing interests of the United States in this matter. You will contact
LCDR Mary N. Christmas, JAGC, USN, for direction and guidance as to those matters pertinent
to the anticipated litigation.
Figure 13-3.—Attorney work product statement.
13-5
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