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4. Administrative support (fig. 13-4)
Figure 13-4 directs the SJA office of the command
to provide clerical support to the IO. It is extremely
important to designate who provides that support in
order for the IO to obtain assistance in typing the
investigation and producing the necessary number of
copies.
THE INVESTIGATION
Upon first appointment as an IO, the universal
question is, “Where do I begin?” The first step is to
examine the appointing order to determine the specific
purpose and scope of the inquiry, remembering that the
general goal is to find out who, what, when, where, how,
and why an incident occurred. Next, the IO should
decide exactly which procedures to follow and become
fully acquainted with part A of chapter II and the specific
sections of the JAGMAN listed in the appointing order.
Most importantly the IO should begin work on the
investigation immediately upon notification of
appointment, whether or not a formal appointing order
has been received. The investigation should start as
soon as possible after the incident has occurred, since:
reports; (3) eyewitness accounts; (4) vehicle damage
estimates; (5) mechanical evaluation; (6) inspection of
the scene; and (7) other matters required by JAGMAN,
sections 0215-0224, 0227, 0229, and 0231. On the other
hand, an investigation of a shipboard casualty or the loss
of a piece of equipment could involve merely the calling
and examination of material witnesses.
The IO may use any method of investigation he or
she finds most efficient and effective.
Relevant
information may be obtained from witnesses by
personal interview, correspondence, telephone inquiry,
or other means. One of the principal advantages of an
investigation not requiring a hearing is that the
interviewing of witnesses maybe done at different times
and places, rather than at a formal hearing.
The IO is not bound by formal rules of evidence and
may collect, consider, and include in the record any
matter relevant to the inquiry that a person of average
caution would consider to be believable or authentic.
The IO must authenticate real and documentary items
and enclose legible reproductions in the investigative
report, with certification of correctness of copies or
statements of authenticity. The IO may not speculate on
the causes of an incident; however, inferences may be
drawn from the evidence gathered to determine the
witnesses may be required to leave the scene;
likely course of conductor chain of events that occurred.
a ship’s operating schedule may require leaving
In most cases, it is inappropriate for the IO to speculate
the area of the incident;
on the thought process of an individual that resulted in
a certain course of conduct.
events will be fresh in the minds of witnesses;
As stated previously, the IO is not bound by the
and
formal rules of evidence; however, there are certain
damaged equipment/material are more apt to be
things that cannot be combined with an investigative
in the same relative position/condition as a result
of the incident.
The circumstances surrounding the particular
incident under investigation will dictate the most
effective method of conducting the investigation. For
example, an investigation of an automobile accident, in
which one or more of the parties were injured, would
involve (1) interviews at the hospital with the injured
parties; (2) collection of hospital records and police
report.
NCIS investigations.
An NCIS investigation
consists of a narrative summary portion (called the
Report of Investigation, where the participating agents
detail the steps taken in the investigation) and
enclosures.
The IO is forbidden from including the
narrative summary portion of the NCIS investigation in
the JAGMAN investigation; however, the enclosures,
which frequently comprise the bulk of an NCIS
4. By copy of this appointing order the Staff Judge Advocate’s Office, Naval Air Station, Pensacola,
Florida, is directed to furnish any necessary clerical assistance for recording the proceedings and preparing
the record. Social security numbers of military personnel should be obtained through PSD or other official
channels.
Figure 13-4.-Administrative support statement.
13-6
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