Author:

Publisher: Jeffrey Frank Jones

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Total Pages: 844

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Sample text: NCIS REPORTING AND MILITARY JUSTICE INVESTIGATIONS REFERENCES: (a) MCM (RCM 303) (b) JAGMAN (Chapter II) (c) SECNAVINST 5430.107 (series) (d) SECNAVINST 1752.4A (series) (e) DODI 6495.02 COMMAND INQUIRY: Suspected offenses may come to command attention in a variety of ways (e.g., shore patrol, civil law enforcement, or phone call, etc.) The commanding officer (CO) must conduct some form of inquiry into reported offenses that may be tried by court-martial per reference (a). The degree of inquiry will depend on the nature, validity, and seriousness of the complaint. See reference (b). MANDATORY REFERAL TO NCIS: Reference (c) mandates that certain incidents be referred to NCIS whether occurring on or off base and regardless of civilian investigation involvement. These incidents include: Actual, suspected, or alleged major criminal offenses (punishable under the Uniform Code of Military Justice (UCMJ) by more than 1 year of confinement); Non-combat deaths when the cause of death is not medically attributable to disease or natural causes; Fires or explosions of unknown origin affecting Department of the Navy (DON) property or property under DON control; Theft or loss of ordnance or controlled substances; Disappearance of a command member; All instances of suspected fraud against the government within DON (e.g., theft of government property, bribery, false claims for pay, etc.); actual or suspected acts of espionage, terrorism, sabotage, assassination, and actual, suspected, or attempted defection of DON personnel; Internal security incidents, such as loss, compromise, or suspected compromise of classified information and national security cases; and Suspected sex-related offenses as defined under Articles 120 and 125 of the UCMJ. WHEN NCIS DECLINES TO INVESTIGATE: NCIS may, at its discretion, decline to conduct or continue any investigation, but shall expeditiously inform the effected command. A command may then request assistance from the local base security department or appropriate authority or pursue a command investigation pursuant to reference (a).