PRELIMINARY INQUIRY
What is the purpose of a preliminary inquiry?
Serves as an analytical tool to help a CO determine whether an investigation is warranted and, if so, how it should be conducted and is not intended to develop extensive findings of fact.
Who is overall responsible for initiating preliminary inquiries into incidents occurring within, or involving personnel of the command?
Commander / Commanding Officer
What are the types of Administrative Investigations?
1. Command Investigation
2. Litigation - Report Investigation
3. Court and Boards of Iquiry
What decisions concerning eligibility and annuity calculations determine a service member's line of duty?
Uniformed Services Survivor Benefit Program
what type of investigation SHOULD never be conducted into the dead of AD military members, civilians killed while accompanying military members into the field?
Litigation - Report Investigation
How many days should a preliminary inquiry must be completed once a Commander/ learns of the incident in questions and can extensions be granted?
THREE CALENDAR DAYS and only on case-by-case basis.
What are the ways a Commander can formalize an investigation?
Letter, Verbal, or Naval Message
What types of investigations may fall under "Command Investigations?"
1. Significant Property loss or destruction
2. Aviation mishaps, groundings, flooding, fires, and collisions.
3. incidents in which a naval service member incurs a disease/injury resulting permanent disability or physical inability to perform duties exceeding 24 hrs.
4. death of military personnel (i.e. suicide, death of civilians accompanying military personnel.
What are the THREE LOD/misconduct determinations that are extremely due to reasons they control several personnel actions?
Survivor Benefit Plan (SBP), Dependency and Indemnity Compensation (DIC), and Dependents' Educational Assistance
What types of death do not require an investigation?
1. A previously known medical condition.
2. Enemy action, except for "friendly-fire" incidents.
Who should a CO discuss the findings and recommendations to?
The JAG Officer
What information is needed when a command submits a request for assistance in an investigation?
Requests for assistance should contain all available information, such as time, place, and nature of the incident; full names, grades, and leave status of members; names and addresses of all known witnesses; and copies of all relevant statements, written evidence, or reports.
When releasing Command Investigations depending on the type of investigation, who is overall the ultimate release authority?
1. Chief of Naval Operations (N09N) - involving actual or possible loss or compromise of classified informations.
2. GCMCA - command investigations other than those dealing with possible compromise.
If a service member refuses medical or dental treatment can the service member be penalized?
Yes, If a member unreasonably refuses to submit to medical, surgical; or dental treatment, any disability that proximately results from such refusal shall be deemed to have been incurred as a result of the member's own misconduct.
Once an autopsy is authorized from a service member's Commander and with proper authorization. What must the Preliminary Inquiry Officer do and the Medical Officer provide upon completion of an autopsy?
Provide the designated Medical Officer to conduct the autopsy with a preliminary report surrounding the death. Upon completion the Medical Officer shall provide a preliminary autopsy findings to the cause of death.
If a member is injured or dies during a permanent change of duty station, who is responsible for initiating the investigation?
The reporting command
What OPNAV form serves as the "Evidence/Property Custody Reciept" and if there are graphic material involved how should the material be handled?
OPNAV Form 5580/22; Graphic materials should be in a separate envelope and marked: "CAUTION CONTAINS GRAPHIC MATERIAL. VIEWER DISCRETION IS ADVISED"
What is the primary purpose of "Litigation-Report" investigations?
Document facts that gather evidence to protect the legal interest of the DoN and the U.S.
Is a member qualified for medical, disabilities or severance pay if they were separated dishonorably?
No, if disability was incurred during a period of UA, regardless of length of such absence and whether such absence constituted a material interference with the performance of required military duties.
Whom shall the Convening Authority notify during the preliminary findings that the intentional acts of a deceased member were a contributing cause to the incident?
OJAG (Code 13)
HQMC (Code JAR)
** both will advise the Convening Authority addt'l measures to take to ensure a fair hearing regarding SVC Mbr's actions.
What can complicate an investigation?
An investigation can be complicated due to:
1. Premature appointment of a court of inquiry
2. Failure to first ascertain the sequence of incident events
3. Failure to identify essential witnesses can unnecessarily prolong and complicate subsequent proceedings.
What information should be contained in a fact finding report?
The findings of a fact must be a specific as possible as to time, places, persons, and events. Each finding of facts must identify one fact only, and be supported by and cite to at least one enclosure to the report.
Whom must the CA contact before convening any litigation-report investigation to ensure the appropriate type of investigation is being conducted?
JAG or Office of the Judge Advocate General (Code 15)
TRUE or FALSE: The GCMA shall keep the original investigations for five years.
FALSE, the GCMA shall keep the original investigations for TWO years.
Should a Convening Authority forward an investigation to an Individual not previously connected to the investigation and outside the CA's chain of command, how many days does he/she have to submit their findings?
The review shall be completed within 10 calendar days of delivery of the port to the review.