| |
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.
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
r e p o r t is
assigned
the
classification of the highest subject matter
contained in it.
Encrypted versions of
messages are 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 IO 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:
l Return the report for further inquiry or
corrective action noting any incomplete,
ambiguous, or erroneous action of the IO.
l 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 approve or
disapprove the line of duty/misconduct
opinion.
SUMMARY
Your knowledge of the proper procedures
involved with the conduct and preparation of
the various types of JAGMAN investigations
is an important aspect of your duties as a YN.
Additional information concerning these
investigations can be found in chapter II of
the Manual of the Judge Advocate General
and JAGINST 5890.1.
Whenever you are
involved with working on a JAGMAN
investigation, you should take the time to
review the applicable sections of the
JAGMAN and JAGINST 5890.1 to make sure
all procedures and any special requirements
are followed.
9-23
|
