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relevant documents on that particular case to
the NAVPERS 1626/7.
There are no specific instructions as to
what manner these cases should be filed in the
UPB; however, the suggested procedure is to
file cases in alphabetical order, chronological
order by date, or a combination of both.
LOG ENTRIES
T h e S t a n d a r d O r g a n i z a t i o n a nd
Regulations of the U.S. Navy, ( S O R M ),
OPNAVINST 3120.32, prescribes the log
entry for mast results afloat. Such an entry
should be substantially in the format for the
POD entry, and you should provide this
information to the officer of the deck (OOD)
for inclusion in the deck log. Although there
is no Navywide requirement for logbooks
ashore, you will find that logs are kept ashore
pursuant to local instructions. Unless these
local instructions require a different format,
you should provide information about the
mast results to the OOD in the same format
that is used afloat.
SUMMARY
NJP is the lowest form of discipline
available to COs to aid them in maintaining
good order and discipline within the Navy. It
is important for you as a YN to keep abreast
of all requirements and procedures associated
with the proper administration of NJP because
of its effect upon individuals as well as its
effect upon the Navy.
ADMINISTRATIVE INVESTIGATIONS
(FACT-FINDING BODIES)
Almost every YN will have contact with
an
administrative
fact-finding
body,
commonly called a JAGMAN investigation.
The
regulations
that
govern these
investigations are contained in the Manual of
the Judge Advocate General (JAGMAN) and
JAGINST 5830.1. The primary purpose of an
administrative fact-finding body is to provide
the convening authority (CA) and reviewing
authorities with adequate information upon
which to base decisions. In so providing the
CA, an administrative fact-finding body
searches out, develops, assembles, analyzes,
and records all available information about the
matter under investigation.
As the name
indicates, these investigations are purely
administrative in nature, not judicial. The
investigation is advisory only; the opinions are
not final determinations or legal judgments,
nor are the recommendations made by the
investigating officer (IO) binding upon the
convening or reviewing authorities.
TYPES OF INVESTIGATIONS
There are three types of administrative
fact-finding bodies: courts of inquiry,
fact-finding bodies required to conduct a
hearing, and fact-finding bodies not required
to conduct a hearing. However, for purposes
of procedures, there are only two types of
fact-finding bodies.
l Fact-finding bodies required to conduct
a hearing.
These include courts of inquiry
and investigations required to conduct a
hearing. A court of inquiry consists of at
least three commissioned officers and
appointed legal counsel for the court. It is
convened by written appointing order, takes
all testimony under oath, and records all
proceedings verbatim. A court of inquiry has
the power to subpoena civilian witnesses. A
fact-finding body required to conduct a
hearing consists of one or more commissioned
officers and should have appointed legal
counsel for the proceedings. It is convened
by a written appointing order. The appointing
order should direct that all testimony be taken
under oath and/or all proceedings recorded
verbatim. A collateral function of a court of
inquiry and a fact-finding body required to
conduct a hearing is to provide a hearing to
individuals who have been designated as
parties to the investigation.
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