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the facts or too lazy to gather the necessary evidence—to
make the required findings of fact.
Opinions
Opinions are reasonable evaluations, inferences, or
conclusions based on the facts.
Each opinion must
reference the findings of fact supporting it. In certain
types of investigations, the CA will require the IO to
make certain opinions.
Recommendations
Recommendations are proposals derived from the
opinions expressed, made when directed by the CA, and
may be specific or general in nature. If corrective action
is recommended, the recommendation should be as
specific as possible.
Disciplinary action is an area commonly addressed
by the recommendations.
If trial by court-martial is
recommended, the IO submits a signed, sworn charge
sheet as an enclosure to the investigative report. Unless
specifically directed by proper authority, an 10 must not
notify an accused of the charges. If a punitive letter of
reprimand or admonition is recommended, the IO will
prepare a draft of the recommended letter and submit it
with the investigative report. If a nonpunitive letter is
recommended, a draft is n ot included in the
investigation, but should be forwarded to the
appropriate authority separate] y for issuance.
If an
award is recommended, the 10 should draft the
appropriate citation and include it as an enclosure.
Enclosures
The first enclosure is either the signed written
appointing order and any modifications or the signed
written confirmation of an oral or message appointing
order. Include any requests for extensions of time as
enclosures, in addition to letters granting or denying
such requests.
JAGMAN 0229a requires the IO to properly
identify all persons involved in the incident under
investigation with complete name, grade or title, service
or occupation, and station or residence.
The list of
enclosures is a suggested place for ensuring compliance
with that section.
Enclosures are listed in the order referenced in the
investigative report. Separately number and completely
identify each enclosure. Make each statement, affidavit,
transcript of testimony, photograph, map, chart,
document, or other exhibit a separate enclosure. If the
IO’s personal observations provide the basis for any
finding of fact, a signed memorandum detailing those
observations should be attached as an enclosure.
Enclose a Privacy Act statement for each party or
witness from whom personal information was obtained
as an attachment to the individual’s statement. The
signature of the IO on the investigative report serves to
authenticate all the enclosures.
Figure 13-5 is an example of a completed JAGMAN
investigative report (without enclosures).
Classification of Report
Because of the wide circulation of JAGMAN
investigative reports, classified information should be
omitted unless inclusion is essential. When included,
however, the investigative report is assigned the
classification of the highest subject matter contained in
it. Encrypted versions of messages arc not included or
attached to investigative reports where the content or
substance of such message is divulged. To assist in the
processing of requests for release of investigations and
to simplify handling and storage, declassify enclosures
whenever possible.
If the information in question
cannot be declassified, but contributes nothing to the
report, consider removing the enclosure from the
investigation with notification in the forwarding
endorsement.
ACTION BY THE CONVENING AND
REVIEWING AUTHORITIES
The 10 submits the JAGMAN investigative report
to the CA who reviews it and transmits it by
endorsement to the appropriate superior officer. The
endorsement will accomplish one of the following
actions:
. Return the report for further inquiry or corrective
action noting any incomplete, ambiguous, or erroneous
action of the IO.
. Forward the record setting forth appropriate
comments, recording approval or disapproval, in whole
or in part, of the proceedings, findings, opinions, and
recommendations.
In line of duty/misconduct investigation, the CA is
required to specifically y approve or disapprove the line
of duty/misconduct opinion. This is accomplished as
shown in paragraph 2 of figure 13-6.
13-10
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