MANUAL OF THE JUDGE ADVOCATE GENERAL: JAGMAN INVESTIGATIONS HANDBOOK (SEP 1997)

MANUAL OF THE JUDGE ADVOCATE GENERAL: JAGMAN INVESTIGATIONS HANDBOOK (SEP 1997)., Almost every naval officer will have contact with an administrative investigation (commonly referred to as a "JAGMAN" investigation) during their military career, either as an investigating officer or as a convening authority. The basic regulations governing such investigations are contained in the Manual of the Judge Advocate General (JAGMAN). The primary purpose of an administrative investigation is to provide the convening authority and reviewing authorities with information regarding a specific incident which occurs in the Department of the Navy. These officials will then make decisions and take appropriate action based upon the information contained within the investigative report. Incidents investigated pursuant to the JAGMAN often provide the basis for a later claim against the Navy. This claim may even evolve into a lawsuit. When a suit is filed, the first document that is requested by both the attorneys representing the Navy and attorneys on the other side is the JAGMAN investigation. There is nothing that will serve and protect the Navy's interest more effectively than a thorough, comprehensive and properly documented investigation. Once a lawsuit is filed, it is likely the investigating officer will have been transferred and witnesses will have left the area. It is time-consuming, frustrating, and often counter-productive to try to reconstruct an incident or correct a slip-shod investigation after months or years have passed. The key, then, is a thorough investigation conducted as soon after the incident as possible. This handbook is designed to assist commanding officers and investigating officers with the administrative investigation process. There is no substitute for a working knowledge of Chapter II of the JAGMAN; this handbook is not designed to replace reference to, and study of, the source document. Rather, this publication gives you a simplified "nuts and bolts" summary to initially orient your approach to the investigative process. The organizational approach to this handbook is to discuss how an investigating officer (IO) goes about conducting a Preliminary Inquiry, Command Investigation, or Litigation Report Investigation. Sample forms and report formats are provided. The checklists contained in this handbook will be particularly useful to both the IO and the convening authority (CA) in ensuring that the investigative report includes all necessary information and enclosures. The IO should review the checklists contained herein prior to initiating his/her investigative effort to see if there are specific informational requirements given the nature of the incident under investigation. Additional information is provided regarding Line of Duty/Misconduct determinations and special considerations that apply in death cases. A discussion of command endorsements is also included.