JAGMAN Investigations
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
There are six types of JAGMAN investigations:
Preliminary Inquiry
The preliminary inquiry is a basic, three-day inquiry to determine whether further investigation is required. Based upon the result of the inquiry, the convening authority may decide to take no further action or convene another type of investigation. If the incident may involve potential litigation claims, the inquiry must be conducted under the supervision of a judge advocate.Command Investigation ("JAGMAN Investigation")
A command investigation is used for most investigations. An investigating officer (IO), senior to most known witnesses (and, if a criminal investigation, to the accused) is appointed to obtain testimony and complete a report with findings of fact, the opinions of the IO, and recommendations for disciplinary, corrective, or other appropriate administrative actions.Court of Inquiry
A Court of Inquiry (COI) is a formal investigation used for the most serious types of incidents (“major incidents”) involving multiple deaths, significant national or international public or press interest or significant environmental damage. COIs have the power to subpoena witnesses.Board of Inquiry
A Board of Inquiry (BOI) is less formal than a COI but still used for “major incidents.” Unlike COIs, BOIs have no subpoena power but they can order naval personnel to appear, testify and produce evidence.Litigation-Report Investigation
A Litigation-Report Investigation is used to defend or protect the legal interests of the Navy and the United States.Dual-Purpose Investigation
Some major incidents require a combination of several JAGMAN formats.
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Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.