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CHAPTER 11
LEGAL
Military law consists of the statutes governing the
Military Establishment and regulations issued
thereunder, the constitutional powers of the President
and regulations issued thereunder, and the inherent
authority of military commanders. Military law includes
jurisdiction exercised by courts-martial and the
jurisdiction exercised by commanders with respect to
nonjudicial punishment. The purpose of military law is
to promote justice, to assist in maintaining good order
and discipline in the armed forces, to promote efficiency
and effectiveness in the Military Establishment, and
thereby to strengthen the national security of the United
States.
This chapter contains information about the
exercise of military jurisdiction through investigations.
ADMINISTRATIVE INVESTIGATIONS
(FACT-FINDING BODIES)
The Judge Advocate General is responsible for the
administration, supervision, collection, storage, and
release of investigations conducted by administrative
fact-finding bodies under the provisions of the Manual
of the Judge Advocate General, (JAGMAN), JAGINST
5800.7C.
An officer in command is responsible for initiating
investigations of incidents occurring within his or her
command or involving his or her personnel. The
reporting command of a member who is injured or dies
during permanent change of station (PCS) transfer
should make sure appropriate investigations are
conducted. If a command believes that its investigation
of an incident is impractical, it may request another
command to conduct the investigation.
Administrative fact-finding bodies collect and
record information. Their reports are advisory. Their
opinions, when expressed, do not constitute final
determinations or legal judgments, and their
recommendations, when made, are not binding upon
convening or reviewing authorities.
The primary function of an administrative
fact-finding body is to search out, develop, assemble,
analyze, and record all available information about the
matter under investigation.
The convening authority prescribes the time period
an administrative fact-finding body has to submit its
investigation. This period should not normally exceed
30 days from the date of the convening order. For good
cause, however, the convening authority may extend the
period. Requests and authorizations for extensions must
be included as enclosures to the investigations.
The convening authority and subsequent reviewers
have 30 days to review the investigation. In death cases,
the period for review is 20 days. Noncompliance with
these time requirements must be explained in the
endorsement of the deviating command.
TYPES OF ADMINISTRATIVE
FACT-FINDING BODIES
There are three types of administrative fact-finding
bodies:
Courts of inquiry
Fact-finding bodies required to conduct hearings
Fact-finding bodies not required to conduct
hearings
The type of fact-finding body convened is
determined by the purposes of the inquiry, relative
seriousness of the subject under inquiry, complexity of
factual issues involved, time allotted for completion of
the investigation, and the nature and extent of powers
required to conduct the investigation.
Court of Inquiry
A court of inquiry is convened by persons
authorized to convene general courts-martial or so
designated by the Secretary of the Navy. (See Article
135, Uniform Code of Military Justice [UCMJ].) A
court of inquiry consists of at least three commissioned
officers as members and appointed legal counsel for the
court. A court of inquiry is convened by a written
appointing order. Testimony is taken under oath and all
open proceedings are recorded verbatim, except
arguments of counsel, regardless of whether it is
directed in the appointing order. Hearing procedures are
used. Persons subject to the UCMJ whose conduct is
subject to inquiry must be designated parties. Upon their
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