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Because some commercial life insurance
policies contain certain restrictions and/or
certain types of double-indemnity provisions,
it is desirable to make sure the essential facts
are recorded while witnesses are known and
available. When feasible, the facts reported
should permit determinations as to whether
death resulted from accidental causes, natural
causes, or enemy action.
Progress status reports are required on all
death investigations from all command and
reviewing activities every 14 days. Send a
message to the Chief of Naval Personnel, with
JAG and all intermediate commands/reviewing
authorities as information addressees.
The
requirement for the status report ceases once
the investigation has been sent to the next
higher level of command/reviewing authority.
The next of kin should be advised that they
may request copies of the death investigation
from JAG (Code 33). It is most important,
therefore, that mature, experienced officers
complete these investigations in an accurate,
professional, and expeditious manner. An
advance copy of each death investigation, with
the GCM CA’s endorsement, should be sent
to JAG. If it would unduly delay submission
of the investigation to await a final autopsy
report, autopsy protocols, death certificates, or
similar documents, an initial report should be
promptly submitted upon completion of the
investigation. A supplemental report should
be submitted via the review chain, with an
advance copy to JAG, once the autopsy has
been completed.
The advance report is
usually released to the requesting next of kin
by JAG (after exclusion of material protected
by the exemptions
to the Freedom of
Information/Privacy Act), unless JAG has
been alerted that subsequent reviewers may
significantly alter findings, opinions, or
recommendations; in which case, release is
withheld until the investigative report is
finally reviewed.
INVESTIGATIONS REQUIRED BY
OTHER REGULATIONS
If an investigation is required under the
JAGMAN, it must be conducted in addition to
any other investigation required by other
regulations.
Situations in which two
investigations may be required are listed in
JAGMAN Article 0208a.
A JAGMAN investigation is not required
if there is no reason for the investigation other
than possible disciplinary action. To avoid
interference, a JAGMAN investigation should
not normally proceed at the same time as a
law-enforcement type of investigation by the
Federal Bureau of Investigations (FBI), NIS,
or local civilian law-enforcement units.
If an investigation is required for other
than disciplinary action, the IO should
communicate
with the law-enforcement
personnel, explaining the need for the
JAGMAN investigation, and request that the
police investigators keep him or her informed
of what information is obtained.
Other types of investigations that have
additional instructions and guidance include
the following:
l Safety investigations. OPNAVINST
5100.14
l Aircraft accident reports and aircraft
mishap investigations. OPNAVINST 3750.6
l Accidental
i n j u r y to
personnel.
OPNAVINST 5100.12
“ Admiralty. JAGINST 5880.1
l Felonies involving both naval and
civilian personnel. SECNAVINST 5820.1
l C r i m es
involving
exclusive NIS
jurisdiction.
SECNAVINST 5520.3 and OP-
NAVINST 5450.97
9-18
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