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l Fact-finding bodies not required to
conduct a hearing. This category includes only
the investigation not requiring a hearing. It is
normally composed of a single investigator
who obtains statements, rather than taking
testimony, and who is not authorized to
designate parties.
The importance of an administrative fact-
finding body cannot be stressed enough. It is
not only an efficient management tool, but
also can be used in a wide variety of
situations ranging from the proper disposition
of claims to the timely and accurate reply to
public inquiry.
Various directives establish
requirements for conducting of inquiries into
specific matters. The JAGMAN, however, is
the most inclusive. Some incidents involve
conducting an inquiry for several different
purposes
that can be handled by one
investigation; others may not. A CA must be
careful to determine why an investigation is
being conducted, who is supposed to conduct
it, and whether it will satisfy all requirements
or only a portion of them. The following
situations are examples of the various
different types of investigations:
l Aircraft accidents
l Vehicle accidents
l Explosions
l Stranding of a ship of the Navy
l Collisions
l Accidental or intentional flooding of a
ship
l
Fires
l Loss or excess of government funds or
property
l Claims for or against the government
Reservists (an investigation is required
if a reservist is injured or killed while
performing active duty or training for
30 days or less, or inactive-duty
training)
Admiralty matters
Firearm accidents
Pollution incidents
Combined investigations of maritime
incidents
Security violations
Postal violations
Injuries and diseases incurred by
service members
Quality of medical care reasonably in
issue
Redress of damage to property
Death cases
A fact-finding body must be convened
in the following death cases: (1) when the
death of a member of the naval service
occurred, while on active duty, from other
than a previously known medical condition;
(2) when civilians or other nonnaval personnel
are found dead on a naval installation under
peculiar or doubtful circumstances, unless the
incident is one that the Naval Investigative
Service (NIS) has exclusive jurisdiction; and
(3) when death or permanent disability occurs
in which the adequacy of medical care is
reasonably in issue.
You do not have to send a report to the
Judge Advocate General (JAG) when death
occurs as a result of enemy action. A
fact-finding body should be convened and the
record forwarded in any case when it is
unclear if enemy action caused the death.
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