The injured member is in the Naval Reserve or Marine Corps Reserve and the commanding officer considers that the appointment of a fact-finding body is the appropriate means by which to ensure that an adequate official record is made concerning the circumstances surrounding the incident.
Entry in health or dental recordNo factfinding body needs to be convened and no report needs to be forwarded to the Judge Advocate General concerning misconduct and line of duty when:
An injury cannot be the result of misconduct and be in the line of duty. The three possible combinations of findings are in the line of duty and not due to members own misconduct; not in the line of duty and not due to members own misconduct; and not in the line of duty and due to members own misconduct. In the absence of clear and convincing evidence to the contrary, it is presumed that disease or injury has been incurred in the line of duty. Generally, an injury or disease is not in the line of duty if incurred:
A finding of misconduct may result in an extension of enlistment, loss of entitlement to creditable service, forfeiture of pay, loss of disability retirement and severance pay, and loss of certain benefits administrated by the Veterans Administration.
The following sources provide further information and guidance on the topics covered in this chapter.
1. Consent for Medical Treatment BUMEDINST 6320.31B
2. Incident Reports BUMEDINST 6000.10 NAVMEDCOMINST 6320.7
3. Freedom of Information Act SECNAVINST 5720.42C BUMEDINST 6000.10
4. Privacy Act SECNAVINST 521 1.5C BUMEDINST 6000.10 14-11