additional evidence, except that a member of a court of inquiry, a board, or a single investigating officer who previsouly recommended disciplinary action or who has become an accuser may not conduct the additional proceedings. The proceedings of such further investigation shall be appended to, and made a part of the original record of the initial court of inquiry or formal investigation.

*0909 LOSS OF GOVERNMENT FUNDS OR PROPERTY

a. General. Except where adjustments in accounting are authorized for resolving irregularities in accounts (see subsection b, below), article 0719, U.S. Navy Regulations, 1973, requires commanding officers to convene or recommend the convening of JAG Manual investigations to inquire into the circumstances of all losses or deficits of government funds or property in the custody of persons unde their command, irrespective of whether th custodians are in accountable positions (as defined in paragraphs 041501, 041502, and 041503, Navy Comptroller Manual) or have executed accountability receipts for specific funds or property. Additionally, a JAG Manual investigation may be a prerequisite under section 0145 of this Manual to setting off indebtedness of a non-accountable person for loss, damage, or destruction of government funds or property. Examples of instances in which JAG Manual investigations are required, regardless of any other factors, are disbursing deficits of $250 or more, disproportionate ship's store losses, and any losses in which theft or embezzlement by responsible custodians is indicated. Where appropriate for verifying the actual existence of an apparent loss or deficit, a prompt audit should normally precede the decision to convene a JAG Manual investigation. In selecting the type of investigation to be convened in a case of loss of funds or property (e.g., formal or informal factfinding body), the factors specified in section 0205 of this Manual should be carefully considered in the light of possible adverse financial and career impacts on individuals who may be affected. Coordination with concurrent investigations by other federal or departmental agencies is required, where applicable, under sections 0203 and 0212 of this Manual.

b. JAG Manual investigation not required. In the absence of probable indications that a particular loss

c. Special advisement for individuals affected. In any case where a JAG Manual investigation is convened in connection with a loss of funds or property in the custody of an accountable individual or for the purpose of making a administrative determination under section 0145b of this Manual, the accountable individual, or other individual affected, shall be advised (in addition to his rights of a party in accordance with section 0304 in a case of a formal fact-finding body and such advisements as may be required under the Privacy Act of 1974 and Article 31, UCMJ) that:

(1) The scope of the investigation extends to all facts relevant to the loss, its causes, its dollar

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value, and kinds and degrees of individual responsibility therefore;

(2) The findings of the investigation may constitute a basis for taking any of the actions indicated below, as appropriate;

(a) If the loss is of property or funds derived from the sale of property, the investigation may lead to a determination by the Deputy Chief of Staff for Installations and Logistics, U.S. Marine Corps; the Chief, Bureau of Medicine and Surgery; or the Commander, Naval Supply Systems Command, as appropriate, as to the financial liability of the accountable individual for the loss pursuant to the provisions of 31 U.S.C. §§ 89-92;

(b) If the loss is of disbursing funds or documents, or of other funds in the custody of an accountable individual, except funds described in the preceding subsection, the investigation may lead to a determination by the Secretary of the Navy or his designee, or by the General Accounting Office, as to whether relief from financial liability will be granted in the event that the accountable individual submits a request for relief under the provisions of 31 U.S.C. § 95a, § 82a-1, or § 81a-2;

(c) If the loss resulted from an unlawful act by a nonaccountable individual, a determination may be made by the individual's commanding officer as to whether to hold the individual financial liable for the loss under section 0145 of this Manual;

(3) The investigation provides the accountable individual an opportunity to be heard; and

(4) The individual may voluntarily relieve himself of financial responsibility for the loss by payment of its dollar value.

d. Investigative report. In addition to any other relevant findings, opinions, and recommendations as may be directed by the order appointing the factfinding body, the investigative report must include, at the minimum, the following items:

(1) A determination of the exact amount of the loss and its precise nature (ie., whether it was a

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(2) The individual is free from fault of negligence if:

(a) there is no direct evidence that fault or negligence on his part was the proximate cause of the loss, and

(b) There is no circumstantial evidence including an established pattern or carelessness in dealing with funds entrusted to him) which raises a strong inference that fault or negligence on his part was the proximate cause of the loss.

(3) "Fault" is defined as conduct or behavior evidencing bad faith, mismanagement, or neglect of care, or as performance resulting from inattention, dereliction, or perversity.

(4) "Negligence" is defined as conduct which fails to conform to the standard of care which a reasonable prudent accountable person would have exercised under the same or similar circumstances. Acts or omissions which, without good justification, deviate materially from duties imposed by regulations or from customary and normal disbursing, collection, or safeguarding procedures or standards would ordinarily constitute negligence for the purposes of the statute involved.

(5) A "proximate cause" is defined as an act or omission which has the direct and foreseeable consequence of producing the loss or creating conditions in which the loss coud occur, and without which the loss would not have occurred.

f. Distribution. After action by the convening authority, the completed record or report shall be forwarded in accordance with section 0211a, except:

(1) In a case of a loss or deficiency of disbursing funds or documents, the Commander, Navy Accounting and Finance Center should be the last via addressee; and

(2) In a case of loss or deficiency of government property or of the funds defrived from the sale of property, the Commandant of the Marine Corps (Code LA); the Chief, Bureau of Medicine and Surgery; or the Commander, Naval Supply Systems Command, as appropriate, should be the last via addressee.

0910 CLAIMS FOR OR AGAINST THE GOVERNMENT

a. General. A fact-finding body ordered to inquire into a certain incident may, if a claim or possible claim for or against the Government is involved in the same incident, be ordered to include in its inquiry those considerations required by Chapter XX, General Claims Regulations; Chapter XXI, Personnel Claims Regulations; or Chapter XXIV, Medical Care Recovery Act Claims Regulations. In such case, the separate investigation required by those claims regulations need not be made. This authority to combine the claims investigation with an inquiry or investigation ordered for other reasons is not to be construed as a mandatory directive. A separate claims investigation may always be ordered in the discretion of the commanding officer of the command concerned. For responsibility for ordering an investigation in situations where a claim for or against the Government is involved, see chapters XX through XXIV.

b. Procedure when claims matters are involved. When a JAG Manual investigation is directed to include a claims investigation, the fact-finding body should be guided, in general, by the provisions of chapters XX through XXIV, as appropriate.

c. Action on record. When an investigative body has acted in a combined capacity, the action on the record by the convening authority shall also include. the matter required by chapters XX through XXIV, as appropriate.

d. Forwarding record. When an investigative body has acted on a claims matter exclusively, the record shall be forwarded in accordance with the provisions of the appropriate claims regulations. If the inquiry or investigation has acted in other matters as well as acting as a claims investigation, a copy of the record for use in claims adjudication should be forwarded as prescribed in those regulations, and the original should be forwarded according to the procedures outlined in section 0210. The copy of the record forwarded for claims adjudication should contain all claims filed, together with supporting evidence and any other items dealing exclusively with, and required in, the adjudication of the claims. The original of the record should contain a notation that the claims material was forwarded in that manner.

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e. Claims arising in foreign countries. Claims which arise in foreign countries should be handled under Chapter XX, General Claims Regulations, Chapter XXII, Foreign Claims Regulations, or pursuant to applicable treaties or other international aggreements, and reference should be made in the appointing order to these sources, as appropriate, for guidance in conducting the investigation.

f. Sonic booms. A Navy or Marine Corps aviation activity receiving notice that a sonic boom has occurred within the United States, regardless of whether damage has been reported, will immediately undertake an inquiry to determine whether a military aircraft could have been the cause of such disturbance. The aviation activity nearest to the locality at which the alleged sonic boom occurred will be responsible for such inquiry, which shall include queries to all Navy, Marine Corps, Air Force, Air National Guard, and other military facilities in the area from which supersonic aircraft operate to determine the probable source. A thorough check of all traffic, transient as well as local, is imperative. In the investigation of alleged sonic boom damage, the following guidance is provided:

(1) Every person investigating alleged sonic boom damage should be familiar with The Sonic Boom, AFLC, (Air Force Logistics Command) P-85.1.

(2) The principal types of damage complained of are glass and plaster damage. Less frequently, claims are received for damage allegedly caused to brick walls, driveways, concrete foundations, and other major structural elements; however, studies have shown that it s almos impossible for a boom to generate over-pressures of sufficient intensity to cause such structural damage regardless of the altitude at which the aircraft was flown. Whenever questionable items of damage are claimed, the services of a construction engineer or other professionally qualified person should be employed either as investigator or as consultant to the investigator.

(3) Promptness in investigating sonic boom claims by qualified personnel is essential.

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(5) If, after investigation, it is considered that a sonic boom did occur and that it resulted from Navy or Marine Corps operations, action shall be taken in accordance with the provisions of section 2060 of this Manual. If it is considered that the sonic boom was caused by activities of another U.S. military service, any claim received, together with the investigative material shall be forwarded to the appropriate command and the claimant so informed. If it is considered that the sonic boom was caused by activities other than as listed above (e.g., National Aeronautics and Space Administration, aircraft manufacturers) or if the source cannot be determined, action shall be taken in accordance with the provisions of section 2060 of this Manual.

NOTE: Opinions as to the cause of a sonic boom shall not be expressed to a complaining party, except by a person authorized to negotiate the settlement of a claim.

0911 RESERVISTS

a. Statutory provisions.

governs entitlement to benefits administered by the Department of the Navy for persons in the Naval Reserve or the Marine Corps Reserve who are injured, contract a disease, or die during periods of active duty, active duty for training, or inactive-duty training (drill), reads as follows:

"Disability and death benefits: Naval Reserve and Marine Corps Reserve

(a) A member of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve who is ordered to active duty, or to perform inactive duty training, for any period of time, and is disabled in line of duty from injury while so employed, or the beneficiary of such a member who dies from such an injury, is entitled to the same pension, compensation, death gratuity, and hospital benefits as are provided by law or regulation in the case of a member of the Regular Navy or the Regular Marine Corps of the same grade and length of service. For the purpose of this subsection a member who is not in a pay status shall be treated as though he were receiving the pay and allowances to which he would be entitled if serving on active duty.

(b) A member of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet

Marine Corps Reserve who is ordered to active duty, other than active duty for training under section 270(b) of this title, for a period of more than 30 days, and is disabled in line of duty from disease while so employed, or the beneficiary of such a member who dies from such a disease, is entitled to the same pension, compensation, death gratuity, and hospital benefits as are provided by law or regulation in the case of a member of the Regular Navy or the Regular Marine Corps of the same grade and length of service.

(c) Subsection (a) and (b) do not authorize the hospitalization of dependents of members of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve.

(d) A member of the Naval Reserve or the Marine Corps Reserve who, in time of peace, becomes ill or contracts disease in line of duty while he is on active duty or performing inactive-duty training is entitled to receive at Government expense medical, hospital, and other treatment appropriate for that illness or disease. The treatment shall be continued until the disability resulting from the illness or disease cannot be materially improved by further treatment. Such a member is also entitled to necessary transporation and subsistence incident to treatment and return to his home upon discharge from treatment. The treatment may not extend beyond ten weeks after the member is released from active duty, except

(1) upon an approved recommendation of a board of medical survey consisting of one or more officers in the Medical Corps; or

(2) upon authorization of the Surgeon General, based on the certificate of a reputable physician that the illness or disease is a continuation of the illness or disease for which the member was initially treated and that benefit will result from further treatment.

(e) If a person is entitled to benefits under subsection (a) or (b) and under

(1) section 6327 of this title; or

(2) section 331 of title 38;

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