UNITED STATES MARINE CORPS

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					                    UNITED STATES MARINE CORPS
                         3D MARINE AIRCRAFT WING
                               UNIT 41007
                            FPO AP 96427-1007

                                                        5800
                                                        SJA



MEMORANDUM

From:   Staff Judge Advocate, 3d Marine Aircraft Wing
To:     Commanding Officers

Subj:   LINE OF DUTY DETERMINATIONS

Ref:    (a) JAGMAN, Chapter II

Encl:   (1) Shell Line of Duty/Misconduct Preliminary Inquiry

1. Per the reference, Commanding Officers are responsible for
ensuring that a line of duty/misconduct determination is
completed whenever a Marine or Sailor of his or her command
incurs a disease or injury that either 1) may result in
permanent disability or 2) results in the Marine’s or Sailor’s
physical inability to perform duty for a period exceeding 24
hours. These determinations are crucial: a number of important
benefits hinge on them and they have a lasting legal effect.

2. Line of duty determinations are made either by preliminary
inquiries or command investigations.

     a. A full command investigation is appropriate whenever
one of the following circumstances is met: 1) circumstances
suggest that a finding of “misconduct” might result (e.g., when
alcohol or horseplay is involved in a mishap); 2) a finding of
“not in the line of duty” might result (e.g., when a Marine may
have been in an unauthorized absence at the time of a mishap);
or 3) there is a reasonable chance of permanent disability.
Command investigations are detailed, thorough documents that
normally take 20 to 30 days to complete.

     b. When none of the above three criteria are met, a
commander may opt for the shorter, more succinct preliminary
inquiry, ordinarily completed within three calendar days.
Although shorter, certain information is required for the
determinations to be legally sufficient. To assist commanders
in simplifying the process while ensuring mandatory information
is included, I have developed enclosure (1), a shell designed
specifically for line of duty/misconduct preliminary inquiries.
Subj:   LINE OF DUTY DETERMINATIONS


It must be emphasized that this shell applies ONLY for line of
duty/misconduct determinations where there is no reasonable
chance of disability and no indications that the injured party
either was engaged in misconduct or was not in the line of duty.

3. Review. All line of duty/misconduct preliminary inquiries
and command investigations require General Court-Martial
Convening Authority (i.e., Commanding General) review. Prior to
endorsing any line of duty/misconduct preliminary inquiry or
command investigation, submit the drafts to the Staff Judge
Advocate so that it can receive a review for legal sufficiency.
Once endorsed, submit the completed package back to the Staff
Judge Advocate so that it can be prepared and routed to the
Commanding General for final endorsement.

4. Points of Contact: Colonel Brubaker, 357-3650; Corporal
Shaw, 357-3659.


                                      KURT J. BRUBAKER



Copy to:
Chief of Staff
File




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