Although not required, commands are advised to initiate a preliminary inquiry to quickly gather evidence not readily available concerning an incident potentially warranting an investigation.
The preliminary inquiry is an analytical tool used to determine whether additional investigation is warranted, and if so, how it is to be conducted.
To avoid interfering with law enforcement and to minimize duplication of effort, before convening a preliminary inquiry, a convening authority (CA) will
• Ascertain through liaison with the local Navy Criminal Investigative Service (NCIS) agent-in-charge if the same incident is under investigation by federal or local law enforcement agencies.
• Coordinate and direct JAGMAN investigators with NCIS, security personnel, or other civilian investigative agencies to maximize cooperation and efficient completion of both investigations, if applicable.
• Refer any conflicts between the CA and NCIS to the officer exercising general court-martial convening authority (OEGCMCA), via the chain of command, for resolution.
• When a criminal investigation is being conducted by another party for the same incident as the inquiry, determine if the criminal investigation has higher status and the inquiry can be ceased.Responsibility
Although not required, commands are advised to initiate a preliminary inquiry to quickly gather evidence not readily available concerning an incident potentially warranting an investigation.
The preliminary inquiry is an analytical tool used to determine whether additional investigation is warranted, and if so, how it is to be conducted.
To avoid interfering with law enforcement and to minimize duplication of effort, before convening a preliminary inquiry, a convening authority (CA) will
• Ascertain through liaison with the local Navy Criminal Investigative Service (NCIS) agent-in-charge if the same incident is under investigation by federal or local law enforcement agencies.
• Coordinate and direct JAGMAN investigators with NCIS, security personnel, or other civilian investigative agencies to maximize cooperation and efficient completion of both investigations, if applicable.
• Refer any conflicts between the CA and NCIS to the officer exercising general court-martial convening authority (OEGCMCA), via the chain of command, for resolution.
• When a criminal investigation is being conducted by another party for the same incident as the inquiry, determine if the criminal investigation has higher status and the inquiry can be ceased.
Generally, an officer in command (including an officer-in-charge) is responsible for initiating a preliminary inquiry into an incident occurring within, or involving personnel of the command.
Note: In the event of a major incident, the OEGCMCA over the command involved will immediately take cognizance over the case as the CA.
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MCI Course 0143B
1-4 Study Unit 1, Lesson 1
Preliminary Inquiries, Continued
Method
Time Limitation
Major Incidents
Other Than Major Incidents
A CA may conduct a preliminary inquiry personally or through designees. The preliminary inquiry may be conducted in any manner considered sufficient by the CA and should include locating and preserving evidence and interviewing witnesses. A particular format is not required, but the CA may choose to document the outcome in writing. If an investigation is convened, the evidence gathered through the preliminary inquiry will be preserved and submitted to the investigating officer.
Generally, the preliminary inquiry should be completed within 3 working days of the CA learning of the incident in question.
The Manual of the Judge Advocate General (JAGMAN), paragraphs 0203 and 0204 provides detailed information concerning options available for major incidents.
After considering the results of a preliminary inquiry, the CA may consult a cognizant judge advocate to obtain legal advice on how to proceed. In any case, the CA has to exercise one of the
