Naval Science 402 Leadership and Ethics

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Naval Science 402Leadership and Ethics

• Seminar Topic 2
• Administrative Investigations and Separations

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Objectives Admin Investigations

• Comprehend junior officer responsibilities
  relative to the military justice system including
  familiarization with administrative
  investigations.
• Know the types of administrative fact-finding
  bodies.

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Admin Investigations Why?

• Gather facts or information to facilitate
  decisions
• Allow for disposition of claims against the
  government
• Personnel determinations
• Redress injuries to property

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Investigations Types?

• There are many!
• UCMJ/MCM required (Arts 15, 32)
• IG Investigations
• Aircraft accident investigations
• Security Investigations
• Safety and mishap investigations
• NCIS investigations
• JAGMAN investigation sometimes an additional
  requirement!

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JAGMAN InvestigationsThree Types

• Command investigations most common
• Gather info of primary interest to command
  authorities not for major incidents
• Litigation-Report Investigations under
  direction and supervision of a judge advocate
  when a claim against the government is likely
  not for major incidents
• Courts and Boards of Inquiry used for major
  incidents

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Major Incident (Definition)

• Often accompanied by national public and press
  interest and significant congressional attention.
• Extraordinary event resulting in
• Multiple deaths, substantial property loss, or
  substantial harm to the environment.
• Circumstances suggest a significant lack of
• Professionalism, leadership, judgment,
  communication, state of material readiness.

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Major Incident (Definition)

• Potential of undermining public confidence in the
  naval service.

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Preliminary Inquiry

• May be used prior to appointing a court/board to
• Identify essential witnesses
• Determine timelines
• Gather and protect evidence and data
• Assist in determining subsequent proceedings

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Command Investigations(1st of 3 JAGMAN Invest.)

• Gather, analyze, and record relevant information
  about an incident or event of primary interest to
  command authorities.
• Significant property losses.
• Misconduct due to disease/injury.
• Suicides or unusual deaths.
• Aircraft incidents, groundings, flooding, fires,
  etc that are not major.
• Time limit - 20 to 30 days.

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Command Investigations exampleLine of
Duty/Misconduct

• Required when member incurs a disease or injury
  that may result in permanent disability or
  inability to perform duties for 24 hours or more.
• Command determination if incurred in line of duty
  or as a result of misconduct.
• In line of duty, not a result of misconduct
  generally assumed.
• Never in line of duty as a result of misconduct!

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Litigation-report Invest.2nd of 3 JAGMAN Invest.

• Used when an incident or event is likely to
  result in claims or civil litigation against or
  for DON or the united states
• Conducted under the direction and supervision of
  a judge advocate
• Protected from disclosure to anyone who does not
  have an official need to know
• Forwarded to the judge advocate general
• Time limit - 30 days

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Courts/Boards of Inquiry3rd of 3 JAGMAN Invest.

• Reserved for the investigation of major incidents
  or serious or significant events
• Uses a hearing procedure
• Convened by GCM authority (also SECNAV for
  courts)
• Time limit - defined by convening authority

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Components of an Investigative Report

• Appointing order
• Preliminary statement
• Supporting enclosures
• Statements (sworn or un-sworn)
• Pictures
• Reports or other documentation
• Findings of fact (supported by enclosures)
• Opinions (supported by findings of fact)
• Recommendations

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Questions about Investigations?
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Objectives-Admin Separations

• Comprehend junior officer responsibilities
  relative to the military justice system including
  familiarization with administrative separations
  and required counseling documentation.
• Know the types of administrative discharges.
• Know the characterization of discharges.

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Administrative Separations(ADSEPs)

• Purpose
• Additional administrative tool to separate
  service members from the military.
• May or may not involve the commission of military
  crimes
• ADSEPs relate only to ...
• service members fitness for future useful
  service
• do not focus on punishment or rehabilitation

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Administrative Separation Procedures

• Two types of procedures
• Notification procedure
• Board procedure
• Which type offered depends on...
• Characterization of discharge (honorable,
  general, other than honorable)
• Adverse discharges entail more process
• If adverse, may always request a board
• And ... time in service

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ADSEP General Precepts

• Administrative vice a judicial body
• No strict rules of evidence (reasonable
  restrictions regarding relevance and competency)
• Findings are based on a preponderance of evidence
• Procedures are formalized to offer full
  opportunity for the respondent to present his/her
  case
• No authority to subpoena witnesses

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Respondents RightsThe Respondent May ...

• Testify - but - right against self-incrimination
  still holds (article 31)
• Appear in person, with or without counsel (or be
  represented by counsel) at all open board
  meetings
• Challenge a voting board member or the legal
  advisor for cause
• Request witnesses in their behalf appear
• Question any witness
• Present closing argument prior to deliberations

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ADSEP - Notification Procedure

• Does not apply in cases of
• Negative characterization of service
• Homosexual conduct
• Member with 6 or more years of service
• Service member rights
• Consult with counsel
• Present statements on own behalf
• Review documentation supporting ADSEP
• 2 working days to respond
• Least favorable discharge - general

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ADSEP - Board Procedure

• Convened by the CO
• Composition
• At least 3 commissioned, warrant (majority), or
  NCOs (E7 or above)
• Senior to the respondent
• At least one a bonafide O4 or above
• Access to all witnesses/information
• Active representation by counsel
• Board recommends
• Retention or separation
• If separation, characterize discharge

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Mandatory ADSEP ProcessingMisconduct Due to the
Commission of a Serious Offense (MILPERSMAN)

• Offenses involving death or serious injury
• Sexual perversion
• Aggravated sexual harassment
• Drug abuse
• Homosexual conduct
• Supremacist/extremist conduct

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ADSEP Due To a Pattern of Misconduct

• Discreditable involvement with military and
  civilian authorities (during the current
  enlistment)
• 2 or more civilian convictions
• 2 or more punishments under UCMJ
• Any combination of 2 or more of the above
• 3 or more UAs, each of more than 3 days
• May warrant an OTH
• Requires documented counseling (Page 13)

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Counseling Requirement

• Documentation of counseling frequently required
  as a prerequisite for processing
• Counseling must include
• Notification of the deficiency
• Specific recommendations for corrective action
• Assistance available to the member
• Explanation of the consequences of failure
• Reasonable time period to allow correction
• Document in service record (page 13)

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Characterization of Discharge

• Entry level (180 days)
• Honorable (met acceptable standards)
• General (under honorable conditions)
• Significant negative aspects outweigh..
• Virtually same benefits as honorable
• Other than honorable (OTH)
• Negative discharge - significant departure
• Bad conduct (BCD)
• Dishonorable (DD)

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Effects of a Punitive Discharge(Items at Risk)

• OTH
• Lose entitlement to VA benefits, GI bill
• BCD
• Travel allowance, shipment of household goods,
  civil service preference, right to wear uniform,
  right to burial at a national cemetery, etc
• DD
• Loan guarantees (VHA), educational right, VA
  health care, federal vocational rehabilitation,
  etc.

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Questions about Separations?