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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0901 DATA REQUIRED IN EACH JAG MANUAL INVESTIGATION.

a. General.

By whatever method evidence is obtained, the JAG Manual investigation is required to ascertain dates, places, persons, and events definitely and accurately. The day, month, year, and when pertinent, the time, of the incident or circumstances in question should be designated with particularity. The place or places involved should be specifically reported, and all persons involved should be specifically reported, and all persons involved should be properly identified by full name, title, business or profession, and residence, if a civilian; or full name, grade, service, duty station, and service number, if a member of the Armed Forces.

b. Omissions. Failure to observe these simple rules often results in the submission of an incomplete word picture of the transaction or event being investigated and frequently necessitates return of the record for further investigation.

c. Aids. Diagrams, charts, and maps should be included in the investigative record when such representations are deemed essential to provide the reviewing authorities with an accurate understanding of the incident or transaction being investigated. Photographs should be taken for inclusion in those cases in which word expression is deemed insufficient to illuminate the circumstances and/or the damage attending the event in question. Illustrations depicting the nature of the roadway or other site of an incident may be helpful to an understanding of the

case.

d. Factual basis. All findings of fact should be supported by evidentiary enclosures, written statements by the investigating officer describing matters personally observed and learned by the investigating officer, are convenient means to document facts and, when appropriate, shall be made enclosures.

*e. Privacy Act compliance. The JAG Manual investigation must be conducted in compliance with the Privacy Act of 1974, and the JAG Manual investigative record must demonstrate the compliance. See section 0308 and Appendix A-3-a.

0902 AIRCRAFT ACCIDENTS

a. General.

(1) Aircraft accidents and other mishaps of various degrees of severity are investigated by one or more investigating bodies for various specific purposes in accordance with existing instructions and in fulfillment of legal requirements or inherent responsibilities of command and management.

(2) For the sole purpose of safety and accident prevention, the Chief of Naval Operations issues. special instructions (OPNAVINST 3750.6 series) for the conduct, analysis, and review of investigations of aircraft mishaps. To avoid confusion with others, those investigations are known as Aircraft Accident Reports (AAR) and Aircraft Accident Safety Investigations (AASI).

(3) In every instance in which an aircraft mishap results in death or serious injury; extensive damage to Government property other than the specific aircraft involved; or in which there is a possibility of a claim, either by or against the Government, an appropriate fact-finding body shall be ordered to determine the cause and responsibility for the mishap, the nature and extent of any injuries, a description of all damage to property, and all other attendant circumstances. Such fact-finding body may also be convened to inquire into and report on any other mishap, near mishap, or circumstance whenever, in the discretion of the commanding officer or superior authority, it appears that such fact-finding body will provide information which may be required by, or be of interest to, the Department of the Navy. The fact-finding bodies and their activities dealt with in this subsection are referred to as JAG Manual investigations and are in addition to and separate from the aircraft accident safety investigations identified in subsection (2) above.

(4) A JAG Manual investigation is not required for aircraft accidents or other aircraft mishaps incident to direct enemy action. An aircraft accident or aircraft mishap is incident to direct enemy action when it is due to hostile action or to a cause unknown in a hostile area. The foregoing does not dispense with the requirement of a JAG Manual investigation solely because an aircraft accident or

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other aircraft mishap occurs in the course of a combat operation, such as an aircraft crash when taking off or returning to an airfield or aircraft carrier not caused by hostile forces. Further, a JAG Manual investigation is not precluded when deemed appropriate by operational or administrative commanders; nor does the foregoing affect the inherent right of such commanders to investigate in order to gather, evaluate, or verify the facts of a combat engagement when enemy action has resulted in the loss of, or damage to, a naval aircraft. This subsection relates to JAG Manual investigations only and does not affect any other reporting requirement, such as reports required under articles 0739 and 0743, U.S. Navy Regulations, 1973. See also section 0203d of this Manual.

b. Relationship to aircraft accident safety investigations

(1) A JAG Manual investigation of an aircraft accident or mishap is an "other" investigation as referred to in the Joint Directive issued under the OPNAVINST 3750.16 series in implementation of section 702 of the Federal Aviation Act of 1958 49 USC 1442. This directive clearly distinguishes between aircraft accident safety investigations and "other" investigations; stipulates that they shall be conducted separately and independently; and specifies certain limitations and restrictions affecting "other" investigations with respect to persons involved in safety investigations, evidence obtained. thereby, and the report thereof.

(2) Although membership on an aircraft safety. investigation board cannot per se bar an individual from appearing as a witness before a JAG Manual investigation of the same incident, such appearance is manifestly undesirable and should be avoided if possible. If such appearance is essential, see OPNAVINST 3750.16 series.

(3) While the aircraft safety investigation and the JAG Manual investigation must be conducted separately and independently, each shall have access to all real evidence and shall have separate opportunities to question and to obtain statements from all witnesses.

(4) In conducting the JAG Manual investigation care shall be exercised to respect the privileged character of the aircraft safety investigation. No witness shall be questioned as to whether he has participated in, or testified before, any aircraft safety investigation.

(5) In any case in which there is a possibility that the witness will be called upon to testify before both types of investigatory bodies it is imperative that an explanation be made with respect to the apparent duplication. This is particularly important with respect to the non-military witnesses. The explanation should include the following:

a. The differing objectives of the two in

vestigations;

b. Why the procedures vary;

c. The necessity for preserving the privi leged character of the aircraft safety investigation;

d. That since neither command nor administrative action may alter the privileged character of statements given to the aircraft safety investigation such statements will not be available to the JAG Manual investigation from any official source.

c. Data required. The scope and details of the fact-finding function to be performed pursuant to this section will vary according to the nature and circumstances of the particular incident in question. The report of the fact-finding body should include, but not be limited to, data on the following matters, insofar as the items are pertinent to the occurrence under investigation:

(1) The background, history, training, and experience of the pilot, as well as his degree of familiarity with the type of aircraft involved.

(2) The sociological, psychological, and human factors related to the accident.

(3) The type, duration, and purpose of the flight; the authorization for the flight; the briefing of

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the pilot; and any other pertinent information in regard to the particular flight.

(4) The prevailing weather conditions which might have affected the flight.

(5) The preflight history of the aircraft; compliance or non-compliance with pertinent technical directives, including flight hours since the last overhaul; discrepancies noted on recent "yellow sheets" (OPNAV Form 3760/2; OPNAVINST 3760.8 series); and flight hours since the last intermediate check.

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