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Preliminary Statement
The purpose of the preliminary statement
is to inform the convening and reviewing
authorities that all reasonably available
evidence was collected and that the directives
of the CA have been met. The preliminary
statement should refer to the appointing order
and set forth the following information:
l The nature of the investigation
c Any limited participation by a member
and/or the name of any individual who
assisted and the name and organization of any
judge advocate general who assisted
l Any difficulties encountered in the
investigation and the reasons for any delay
l If the evidence in the enclosures is in
any way contradictory, a factual determination
in the findings of fact section along with an
explanation of the basis for that determination
(this explanation should be reserved for
material facts)
l Any failure to advise individuals of
their rights
l The fact that all social security
numbers were obtained from official sources
l An attorney work product statement
when a claim, or litigation by or against the
United States, is reasonably possible
l Any other information necessary for a
complete understanding of the case
Do not include a synopsis of facts,
recommendations, or
opinions
in
the
preliminary statement. These should appear
in the pertinent sections of the investigative
report.
It is not necessary for the IO to
provide an outline of the method used to
obtain the evidence contained in the report. A
preliminary statement does not eliminate the
necessity for making findings of fact. Even
though the subject line and preliminary
statement may talk about the death of a
person in a car accident, findings of fact must
describe the car, time, place of accident,
identity of person,
and other relevant
information.
Findings of Fact
Findings of fact must be as specific as
possible as to times, places, persons, and
events. Each fact is made a separate finding.
Each fact must be supported by testimony of
a witness, statement of the IO, documentary
evidence, or real evidence attached to the
investigative report as an enclosure.
Also,
each enclosure on which the fact is based
must be referenced. For example, the IO may
not state:
The car ran over Seaman Does
foot, without a supporting enclosure. He or
she may,
however, have Doe execute a
statement such as The car ran over my foot.
Include this statement as an enclosure and, in
the findings of fact, state: The car ran over
Seaman Does foot, referencing enclosure
(X). When read together, the findings of fact
should tell the whole story of the incident
without requiring reference back to the
enclosures.
Opinions
Opinions are
reasonable evaluations,
inferences, or conclusions based on the facts.
Each opinion must reference the findings of
fact supporting it.
In certain types of
investigations, the CA will require the IO to
make certain opinions.
Recommendations
Recommendations are proposals derived
from the opinions expressed, made when
directed by the CA, and may be specific or
general in nature.
If corrective action is
recommended, the recommendation should be
as specific as possible.
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