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l Security violations.
OPNAVINST
5510.1
l Stolen government property.
SEC-
NAVINST 5500.4
l Claims for or against the government.
JAGINST 5830.1
l Postal violations. OPNAVINST 5112.6
INVESTIGATIONS NOT
REQUIRING A HEARING
The type of fact-finding body to be
convened is determined by the purpose(s) of
the inquiry, the seriousness of the issues
involved, the time allotted for completion of
the investigation, and the nature and extent of
the powers required to conduct a thorough
investigation. This section will concentrate on
the most common administrative fact-finding
body, the investigation not requiring a
hearing. Courts of inquiry and investigations
requiring a hearing will be discussed later in
this chapter. Keep in mind, however, that
many of the basic rules and principles
discussed in this section also apply to other
types of investigations. As is the case with
any fact-finding body, the primary function of
an investigation not requiring a hearing is to
gather information.
A fact-finding body not
requiring a hearing does not have the power
to designate parties and, therefore, does not
have the collateral function of providing a
hearing to a party.
Any officer in command may order an
investigation not requiring a hearing.
For
purposes
o f t h e J A G M A N , o f f i c e r i n
command means an officer authorized to
convene any type
of court-martial or
authorized to impose disciplinary punishment
under Article 15, Uniform Code of Military
Justice (UCMJ). This also includes officers in
charge (OICs).
An officer in command is responsible for
initiating investigations of incidents occurring
within his or her command or involving his or
her personnel. If an officer in command feels
that investigation of an incident by the
command is impractical, another command
can be requested to conduct the investigation.
If an incident requiring the convening of
an
investigation
occurs
at
a
place
geographically distant from the command, or
the command deploys before an investigation
can be completed, another command can be
requested to conduct the investigation. This
request
should
be
made
to
the
area
coordinator in whose geographical area of
responsibility the incident occurred.
A single investigation should be conducted
into an incident involving more than one
command,
c o n v e n e d b y a n o f f i c e r in
command of any of the activities involved. If
difficulties arise concerning who should
convene the investigation, the common
superior of all commands involved will
determine who will convene it. If the conduct
or performance of one of the officers in
command may be subject to inquiry (as in the
case of a collision between ships), the
common superior of all the officers involved
will convene the investigation.
THE INVESTIGATORY BODY
An investigation not requiring a hearing
may be composed of a single investigator or
a board consisting of two or more members.
The most common is the one-officer
investigation. The IO should normally be a
commissioned officer, but may be a warrant
officer, senior enlisted, or a civilian employee,
when appropriate.
IOs must be those
individuals who are best qualified for the duty
by reason of age, education, training,
experience,
l e n g t h o f s e r v i c e,
and
temperament.
Unless impractical, the IO
should be senior to any person whose conduct
or performance of duty will be subject to
inquiry.
An expert may participate as IO or
for the limited purpose of using his or her
special experience.
The report should make
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