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. To testify at his or her own request, but not be
called as a witness
l To refuse to incriminate himself or herself and, if
accused or suspected of an offense, to be informed of
the nature of the accusation and advised that no
statement regarding the offense that he or she is accused
or suspected is required, and that any statement made by
him or her maybe used as evidence against him or her
in a trial by court-martial
. To make a voluntary statement, oral or written,
sworn or unsworn, to be included in the record of
. To make an argument at the conclusion of
presentation of evidence
. To be properly advised concerning the Privacy
Act
. To challenge members of the court of inquiry
and the IO or, when assigned, the president and any
member of the investigation required to conduct a
hearing for cause
Figure 13-7 illustrates the circumstances under
which particular fact-finding bodies may designate
parties as well as who may be designated (military
proceedings
and/or civilian personnel).
COURT OF INQUIRY
Designee
When Designated
Designation
Any person subject to
Conduct or performance
Mandatory
the UCMJ
of duty subject to inquiry
Any person subject to
Direct interests in
Mandatory
the UCMJ or employed by
subject of inquiry
upon his or
DOD
her request
Any member of of the USNR
Conduct or performance
Optional
or USMC not subject to the
of duty subject to
upon his or
UCMJ by virtue of his or her
inquiry
her request
status
No other person
without SECNAV
(JAG) approval
INVESTIGATIONS REQUIRED TO CONDUCT A HEARING
Designee
When Designated
Designation
Any member of the naval
Conduct or performance
Optional
service subject to the UCMJ
of duty subject to inquiry
Any member of any other armed
Conduct or performance
Optional
force other than Navy or Marine
of duty subject to
upon his or
Corps, subject to the UCMJ, DOD
inquiry
her request
employees, any member of the
USNR or USMC not subject by
virtue of his or her status
No other person
without SECNAV
(JAG) approval
Figure 13-7.-Chart showing circumstances under which particular fact-finding bodies may designate parties.
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