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CHAPTER 13
ADMINISTRATIVE INVESTIGATIONS
Almost every LN will have contact with an
administrative fact-finding body, commonly called a
JAGMAN investigation. The regulations that govern
these investigations are contained in the Manual of the
Judge Advocate General (JAGMAN) and JAGINST
5830.1. The primary purpose of an administrative
fact-finding body is to provide the convening authority
(CA) and reviewing authorities with adequate
information upon which to base decisions.
In so
providing the CA, an administrative fact-finding body
searches out, develops, assembles, analyzes, and
records all available information about the matter under
investigation.
As the name indicates, these
investigations are purely administrative in nature—not
judicial. The investigation is advisory only; the
opinions are not final determinations or legal judgments,
nor are the recommendations made by the investigating
officer (IO) binding upon the convening or reviewing
authorities.
TYPES OF INVESTIGATIONS
There are three types of administrative fact-finding
bodies (courts of inquiry, fact-finding bodies required to
conduct a hearing, and fact-finding bodies not required
to conduct a hearing); however, for purposes of
procedures, there are only two types of fact-finding
bodies.
1. Fact-finding bodies required to conduct a
hearing.
These include courts of inquiry and
investigations required to conduct a hearing. A court of
inquiry consists of at least three commissioned officers
and appointed legal counsel for the court. It is convened
by written appointing order, takes all testimony under
oath, and records all proceedings verbatim. A court of
inquiry has the power to subpoena civilian witnesses. A
fact-finding body required to conduct a hearing consists
of one or more commissioned officers and should have
appointed legal counsel for the proceedings. It is
convened by a written appointing order. The appointing
order should direct that all testimony be taken under oath
and/or all proceedings recorded verbatim. A collateral
function of a court of inquiry and a fact-finding body
required to conduct a hearing is to provide a hearing to
individuals who have been designated as parties to the
investigation.
2. Fact-finding bodies not required to conduct a
hearing. This category includes only the investigation
not requiring a hearing. It is normally composed of a
single investigator who obtains statements, rather than
taking testimony, and who is not authorized to designate
parties.
The importance of an administrative fact-finding
body cannot be stressed enough. It is not only an
efficient management tool, but also can be used in a wide
variety of situations ranging from the proper disposition
of claims to the timely and accurate reply to public
inquiry. Various directives establish requirements for
conducting of inquiries into specific matters. The
JAGMAN, however, is the most inclusive. Some
incidents involve conducting an inquiry for several
different purposes that can be handled by one
investigation; others may not. A CA must be careful to
determine why an investigation is being conducted, who
is supposed to conduct it, and whether it will satisfy all
requirements or only a portion of them. The following
situations are examples of the various different types of
investigations:
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Aircraft accidents
Vehicle accidents
Explosions
Stranding of a ship of the Navy
Collisions
Accidental or intentional flooding of a ship
Fires
Loss or excess of government funds or property
Claims for or against the government
Reservists (an investigation is required if a
reservist is injured or killed while performing
active duty or training for 30 days or less, or
inactive-duty training)
Admiralty matters
Firearm accidents
Pollution incidents
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