Relationship Between Misconduct And Line Of Duty

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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 record—No 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:

In the opinion of the medical officer (or representative of a medical department) as concurred in by the individual’s commanding officer, the injury is not likely to result in a permanent disability and was incurred in line of duty and not as a result of the member’s own misconduct.

Appropriate entries to this effect have been made in the service member’s health or dental records (MMD 16-45 and 16-71).

Injury report, forms, or letter reports

An injury report form and/or letter report (RCS JAG 5800/19) may be used in any case in which line of duty and misconduct findings are required by section 0805.

Reports may be made to the Judge Advocate General using NAVJAG Form 5800/15 without a cover letter.

Any accident reporting form including the Marine Corps Accident and Injury Report (NAVMC 10767), may be used in reporting injuries resulting from motor vehicle accidents. These forms must be forwarded with a letter report.

The form or letter report that is directed to the Judge Advocate General under this section shall be forwarded via an officer exercising general court-martial jurisdiction, who will cause it to be examined by a judge advocate.

RELATIONSHIP BETWEEN MISCONDUCT AND LINE OF DUTY

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 member’s own misconduct; not in the line of duty and not due to member’s own misconduct; and not in the line of duty and due to member’s 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:

As a result of such gross negligence as to demonstrate a wanton disregard of the consequence

While one is absent without leave

While one is confined awaiting a dishonorable discharge

Other circumstances giving rise to a finding of misconduct are set forth in Chapter VIII of the Manual of the Judge Advocate General.

EFFECT OF AN APPROVED FINDING OF MISCONDUCT

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 Veteran’s Administration.

REFERENCES:

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