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imposed upon enlisted personnel as nonjudicial
punishment, punitive letters may be either written or
oral. Punitive letters issued to enlisted personnel in
execution of a court-martial sentence must be in writing.
Unless withdrawn or set aside by higher authority
upon appeal, punitive censure letters become part of the
official service record of the member to whom they are
addressed. The issuance of a punitive letter and the facts
of the underlying offenses may be mentioned in the
members fitness report or enlisted evaluation and used
to support a detachment for cause proceeding, relief of
command, or any other administrative action on the part
of the service concerned.
MISCONDUCT AND LINE OF DUTY
Cases of injury resulting in loss of time from duty
for less than 24 hours require no investigative report by
a fact-finding body unless such report is required for a
different reason as listed in the following paragraphs.
Cases of injury resulting in loss of time for more
than 24 hours, but not likely to result in permanent
disability, or in the case of injury resulting from enemy
action even if likely to result in permanent disability,
require no investigative report by a fact-finding body if
both medical officer and CO are of the view that the
injury was incurred in line of duty without misconduct
on the part of the member and if there are no other
circumstances as listed in the following paragraphs that
require an investigative report. The pertinent factual and
medical details are recorded in the health or dental
record of the individual.
In cases in which an investigative report is not
required, a preliminary investigation may have to be
made so that the CO can determine the line of duty and
misconduct status.
Cases of injury that may result in permanent
disability require an investigative report. However, if
the medical officer and CO are of the view that the injury
was incurred in line of duty without misconduct on the
part of the injured member, and if there are no other
circumstances as listed in the following paragraphs that
require an investigative report, the case is reported by
an Injury Report, NAVJAG 5800/15. The two-page
form is filled out by the medical officer and the CO and
then forwarded via the officer exercising general
court-martial jurisdiction to the Judge Advocate
General.
Cases of injury require an investigative report by a
fact-finding body when the following circumstances
occur:
. Loss of time from duty exceeds 24 hours and the
injury may have been incurred due to misconduct of the
member or not in the line of duty.
. The injury resulted from enemy action under
circumstances suggesting misconduct of the member or
not in line of duty.
. The injury resulted in death. (The Death Report
form may be used to report the circumstances when the
medical officer and CO are of the view that the death
was incurred in the line of duty without misconduct, not
apparent suicide, or did not occur as the result of enemy
action.) However, while an investigative report is
required, the findings of fact are not followed by
opinions as to line of duty or misconduct.
. The injury was incurred under unusual or
peculiar circumstances.
. The injury causes an adverse reflection on the
conduct or performance of members of the naval service
or connected therewith.
. The injury was incurred by members of the Naval
Reserve or Marine Corps Reserve en route to or from a
period of active duty, training duty, or an inactive duty
training (drill) pried.
. Claims are possible for or against the govern-
ment under chapters XX through XXIII of the JAG
Manual.
. There is any question of the mental responsibility
or mental capacity of the injured party.
l Convening of higher authority determines that
the best interests of the naval service or the individual
would be served by an investigative report.
In any formal investigation that might possibly
result in an opinion of misconduct or not in line of duty,
the injured person is designated a patty and accorded
rights.
In any informal investigation, if the convening
authority has substantial doubts that the injury was
incurred in line of duty or not as the result of misconduct,
then the convening authority must afford the member a
hearing.
Any adverse finding as to misconduct and line of
duty is never applied as a punitive measure.
disciplinary action is taken independently of
Any
such
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