CHAPTER 15 INVESTIGATIONS

This chapter contains general areas and investigative considerations essential to successful investigation and explains investigative jurisdiction as it applies to the U.S. Navy and other agencies with which you may come in contact.

INVESTIGATIVE JURISDICTION

LEARNING OBJECTIVES: Describe investigative jurisdiction and criminal offenses that must be investigated. Explain the difference between major and minor criminal offenses. Describe the function of command investigators, and identify security matters that require NCIS action. Identify the department responsible for personnel security investigations, and explain how requests for NCIS support are initiated. Describe the credentials and badges required for special agents.

Good order and discipline are the direct responsibility of the command. In the discharge of this responsibility, commanding officers frequently rely on prompt investigative action by professionally trained personnel. nose personnel are relied upon not only to effectively resolve alleged, suspected, or actual criminal and security offenses, but to preserve facts and construct an evidentiary foundation for subsequent command action. Under the Secretary of the Navy and the Director, Naval Criminal Investigative Service (NCIS) is the primary investigative and counterintelligence agency for the Department of the Navy. As a centrally directed organization, the NCIS provides support, as needed, both ashore and afloat, consistent with departmental policy and with full regard for individual constitutional rights. In a combat or combat contingency environment, the task force commander afloat and landing force commander ashore exercise immediate control over assigned Navy and Marine Corps investigative and counterintelligence assets. Commands maintain an investigative capability for the resolution of minor offenses and those of a purely military character, and have authority to commission fact-finding bodies to determine the circumstances of specific incidents.

INVESTIGATION OF CRIMES THAT VIOLATE MILITARY AND FEDERAL CRIMINAL LAW

The Secretary of Defense and the Attorney General recognize that the administration and discipline of the armed services require that certain offenses committed by military personnel be investigated by the armed services and prosecuted before military tribunals. They also recognize that other offenses committed by military personnel should be investigated by Federal authorities and prosecuted before Federal civil tribunals. It is obvious that inflexible rules are not feasible for determining the exact responsibility of military and Federal civil authorities where there is concurrent jurisdiction.

The following procedures make the investigation and prosecution of crimes more expeditious and efficient, meanwhile giving appropriate effect to the requirements of the Armed Forces and the policies of civil government. These procedures do not apply to the investigation of purely military offenses.

Whenever information is brought to the attention of a commanding officer indicating that a major crime has been committed on a naval installation, or a major crime involving naval personnel has been committed outside a naval installation, the commanding officer should furnish NCIS with this information and advise the officer who has general court-martial jurisdiction. If immediate response by the NCIS is not feasible, (such as when a submarine is on patrol or a ship is at a remote location), commanding officers should conduct such preliminary investigation as circumstances dictate, preparatory to later full investigation by the NCIS. Appropriate measures should be taken to ensure the preservation and accounting of possible evidence and to avoid any action that might prejudice investigative possibilities or otherwise impair the subsequent process of justice. It is the responsibility of NCIS to determine whether an investigation should be referred to the Federal Bureau of Investigation (FBI) or to other Federal, state, or local law enforcement agencies.

When it appears that the crime involves fraud against the Government (misappropriation, robbery, or larceny of Government property or funds), NCIS immediately advises the FBI. NCIS will, however, conduct the investigation or refer it to other appropriate naval authorities unless promptly notified by the Department of Justice that it desires the FBI to assume investigative jurisdiction.

MAJOR CRIMINAL OFFENSES

The NCIS is the agency within the Department of the Navy responsible for the investigation of actual, suspected, or alleged major criminal offenses committed against a person, the United States Government or its property, and certain classes of private property, including attempt or conspiracy to commit such offenses. A major criminal offense is defined as one punishable under the UCMJ by confinement for a term of more than 1 year, or similarly framed by Federal statutes, state, local, or foreign laws. Incidents of actual, suspected, or alleged major criminal offenses coming to command attention (with the exception of those which are purely military in nature) are immediately referred to the NCIS. It is not normal to request investigation of only (a) specific phase(s) of a serious incident.

The Director, Naval Criminal Investigative Service, or field representatives may decline to undertake investigation of any case that in their judgment would be fruitless and unproductive.

In addition to referral of major criminal offenses, when any of the following circumstances occur, commands should promptly provide available information to the NCIS for preliminary inquiry to determine if a request for full investigation is warranted:

1. Unattended death of military personnel, dependents, or Department of the Navy employees occurring on a Navy or Marine Corps installation when criminal casualty cannot be firmly excluded.

2. Any fire or explosion of questionable origin affecting Department of the Navy property or property under Navy or Marine Corps control.

3. When a possibility exists that one or more elements of a major criminal offense may attach to an incident apparently minor in nature. An example would be a petty larceny within a barracks cubicle or stateroom wherein entry to effect the larceny may constitute the additional offense of housebreaking.

4. When aspects surrounding a nominally minor incident are of a potentially sensitive nature. Such considerations might include, but are not limited to, incidents involving ordnance, narcotics, dangerous drugs or controlled substances, incidents of perverted sexual behavior, or damage to Government property which appears to be the result of arson or other deliberate attempt.

5. Thefts of personal property when ordnance, contraband, or controlled substances or items of a single or aggregate value of $500 or more are involved, or when substantive issues of morale and discipline apply, such as a continuing series of unresolved personal thefts.

A major criminal offense may constitute a violation of both military and civil law and may involve both military personnel and civilians. Sole and concurrent jurisdiction may also rest with another agency outside the Department of the Navy. As previously mentioned, the NCIS is responsible for making investigative referrals in behalf of the command in these instances.

Certain instances will occur that may be resolved administratively without the application of professional investigative techniques. Within this interpretation are matters without criminal basis that might be resolved by a fact-finding body, an informal inquiry, or administrative audit. Incidents that fall into this category might result from accident, negligence, incompetency, improper accounting procedures, or intervention of the forces of nature.