5800.7 F - Department of the Navy Issuances

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efore the commander asks if the accused wishes to make a statement on his own behalf at the vacation hearing. 0119 RECORDS OF NONJUDICIAL PUNISHMENT a. Records. The records of nonjudicial punishment shall be maintained and disposed of in accordance with the implementing regulations issued by Navy Personnel Command (PERS-4834) and the Commandant of the Marine Corps. The forms used for the Unit Punishment Book are NAVPERS 1626/7, S/N 0106-LF-016- 2636 and NAVMC 10132 , S/N 0000-00-002-1305. See section 0173 for procurement information for these forms. b. Report of officer misconduct. (1) Report of misconduct prior to nonjudicial punishment – Navy officers. Navy officer misconduct must be reported to Navy Personnel Command (PERS-834). Navy officer misconduct shall be reported if: (a) the suspect is in the grade of captain O-6 or above; (b) the suspect is a commander in the grade O-5 with special courtmartial convening authority; or (c) in the judgment of the superior commander: publicity; 1. the incident in question may generate significant adverse 2. formal disciplinary action or a recommendation for administrative separation processing may result; or 3. other special circumstances warrant notification. (2) Report of misconduct after nonjudicial punishment – Navy officers. Once the results of the nonjudicial punishment are final (i.e., the appeal process is completed or waived), a final report will be sent to Navy Personnel Command (PERS-4834). See SECNAVINST 1920.6 (series) and the Military Personnel Manual. If the officer imposing the nonjudicial punishment is not a general or flag officer, the letter report will be submitted via the first general or flag officer in the administrative chain-of-command. Fleet or Type commanders may require the letter report be forwarded through command channels. These required reports are separate and distinct from any reported nonjudicial punishment that may be contained in investigations or other correspondence. See the Military Personnel Manual section 1611-010 for the letter report requirements. (3) Report of misconduct – Marine Corps officers. Marine officer misconduct must be reported to the Commandant of the Marine Corps (JAM), per MCO 5800.16 (LEGADMINMAN). See Appendix A-1-i for a sample letter with endorsement. 1-33
c. Report of enlisted misconduct. (1) Report of misconduct prior to nonjudicial punishment - Navy enlisted in paygrades E-6 through E-9. Consistent with MILPERSMAN 1616-040, report E-6 through E-9 misconduct prior to nonjudicial punishment if: (a) the suspect is a Command Master Chief or Senior Enlisted Advisor; or, (b) in the judgment of the superior commander: 1. the incident in question may generate significant adverse publicity; or, 2. other circumstances which require action by NAVPERSCOM concerning the member's status. (2) Report of misconduct after nonjudicial punishment - Navy enlisted in paygrades E-6 through E-9. Once the results of the nonjudicial punishment are final (i.e., the appeal process is completed or waived), a final report will be sent to Navy Personnel Command (PERS-832) for all E-6 through E-9 cases, regardless of whether a pre-nonjudicial punishment report was previously submitted. See the Military Personnel Manual section 1616- 040 for the letter report requirements. PART C -- COURTS-MARTIAL SUBPART C1 - PRETRIAL MATTERS 0120 DESIGNATION OF ADDITIONAL CONVENING AUTHORITIES a. General courts-martial. The Secretary of the Navy, acting under Article 22(a)(8), UCMJ, has authorized the following officers, when in an active duty or inactive duty training status, to convene general courtsmartial. This list is in addition to those officers authorized to convene general courts-martial by Articles 22(a)(5) through (7) and 22(a)(9), UCMJ: (1) All flag or general officers, or their immediate temporary successors, in command of units or activities of the Navy or Marine Corps. Designation as a separate and detached command, in accordance with U.S. Navy Regulation 0723 (1990), does not, by itself, convey authority to convene general courts-martial. Flag or general officers in command of units or activities that have been designated as separate and detached commands may request such authority in accordance with section 0121. (2) A list of General Courts-Martial authorities designated by the Secretary is contained in Appendix A-1-y. (3) The Secretary of the Navy has designated and empowered the CO, Navy-Marine Corps Appellate Leave Activity and the CO, Marine Detachment, U.S. Disciplinary Barracks, Fort Leavenworth, KS, to exercise limited general court-martial jurisdiction necessary to order execution of a sentence to a punitive discharge, take action on the findings or sentence in accordance with 1-34
Page 1 and 2: JAG INSTRUCTION 5800.7F DEPARTMENT
Page 3 and 4: [This page is blank]
Page 5 and 6: [This page blank] ii
Page 7 and 8: . Correctional custody c. Confineme
Page 9 and 10: accused before or during trial b. C
Page 11 and 12: SUBPART C3 - POST-TRIAL MATTERS 014
Page 13 and 14: PART D -- MISCELLANEOUS 0168 APPREH
Page 15 and 16: and is intended for and directed to
Page 17 and 18: (2) A nonpunitive letter will be ke
Page 19 and 20: writing, one or more Naval units, a
Page 21 and 22: e construed as impairing the paramo
Page 23 and 24: the hearing, appropriate service-re
Page 25 and 26: 0111 LIMITATIONS ON AND NATURE OF P
Page 27 and 28: . Punishments involving restraint a
Page 29 and 30: UCMJ article, nor satisfy the draft
Page 31 and 32: Commandant of the Marine Corps, tog
Page 33 and 34: f. Release to the public/media. Inf
Page 35 and 36: (5) As an enclosure, a copy of the
Page 37: original proceeding. Any punishment
Page 41 and 42: summary court-martial convening aut
Page 43 and 44: service embarked. In the case of un
Page 45 and 46: (f) where the accused should be ord
Page 47 and 48: 0125 EXERCISE OF COURT-MARTIAL JURI
Page 49 and 50: all cases involving sensitive compa
Page 51 and 52: acquittal, or other final dispositi
Page 54 and 55: Judge, Navy-Marine Corps Trial Judi
Page 56 and 57: (c) Manner of appointment. Appointm
Page 58 and 59: defined as the CO of the cognizant
Page 60 and 61: set forth above, the commander of t
Page 62 and 63: 0133 ADDITIONAL MATTERS IN CONVENIN
Page 64 and 65: judge advocate or to a principal as
Page 66 and 67: 0140 RULES FOR APPEALS UNDER ARTICL
Page 68 and 69: system. The task of striking a fair
Page 70 and 71: may be accused or suspected when re
Page 72 and 73: this subsection have not been compl
Page 74 and 75: disbursing officer concerned with a
Page 76 and 77: confer any procedural, evidentiary,
Page 78 and 79: orders relating to the relief of co
Page 80 and 81: dismissal of the charges related to
Page 82 and 83: authority could not act on the reco
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MCM. In copying and including the a
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. In accordance with Article 57a(c)
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0159 LIMITATIONS ON AUTHORITY TO RE
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UCMJ. If the original record of tri
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esulted in the punitive discharge o
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equest immediate execution of the u
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apprehension is necessary to preven
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504(d)(3) 0133 505(c)(1)(B)(i) 0136
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0174 ADDRESS APPENDIX Office of the
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Personnel Support Activity Detachme
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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. Personal appearance. (Check one)
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. Personal appearance requested. If
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________ Written matters are attach
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NONJUDICIAL PUNISHMENT GUIDE (Note:
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CO: I find that you have committed
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PUNITIVE LETTER OF REPRIMAND (Date)
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6. By copy hereof, 1stLT Jones is n
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easonably available. I would also h
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REQUEST FOR GRANT OF IMMUNITY AND O
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PRIVACY ACT NOTIFICATION Authority:
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IN THE MATTER OF GRANT OF TRANSACTI
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APPELLATE & POST-TRIAL RIGHTS STATE
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have similar appellate counsel righ
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REPORT OF RESULTS OF TRIAL From: Su
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Restitution: Reduction in grade lim
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(4) Other physical evidence (notati
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UNITED STATES NAVY/MARINE CORPS SAM
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a. (Option 2) Post-trial matters su
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I. M. SJA 6 -----------------------
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From: Staff Judge Advocate To: Conv
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-----------------------------------
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SUSPECT'S RIGHTS ACKNOWLEDGEMENT/ST
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═══════════
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An example of an oath is as follows
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List of Secretarial Designated Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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DETERMINATIONS ARE RECORDED a. Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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PART B -- PRELIMINARY CONSIDERATION
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investigate the circumstances surro
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the investigating officer at that l
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investigation, that the CA might co
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c. Witnesses and warnings (1) Witne
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investigative reports. b. Classific
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activities (see part F for special
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CAs and reviewing authorities will
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i. Release of command investigation
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extensions need not be in writing b
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e signed by both the investigating
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(3) Consists of at least three comm
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j. Action (1) Upon receiving a repo
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survivor benefits such as the Survi
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interference unless evidence to the
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aircraft or vessel while drunk; or,
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exceeded the lesser of .10 percent
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Suite 205, Norfolk, VA 23511-2989,
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0225 GENERAL a. Special considerati
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individual to do so. In releasing t
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than the member’s commanding offi
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(5) For adverse determination cases
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DEFINITIONS 1. Administrative Inves
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Counsel (OGC) attorney. 16. System
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i. To make a voluntary statement, o
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___________________________________
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SAMPLE COMMAND INVESTIGATION REPORT
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SAMPLE LITIGATION-REPORT INVESTIGAT
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FOR OFFICIAL USE ONLY: ATTORNEY WOR
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s. Military Personnel and Civilian
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obtaining sufficient information to
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SAMPLE WARNING ADVISEMENT ABOUT STA
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(3) method of travel used; (4) actu
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CLAIMS FOR OR AGAINST THE GOVERNMEN
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AVIATION MISHAPS The following cont
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the possibility of undermining the
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d. Required facts and opinions. The
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ACCIDENTS ABOARD SHIPS OR SUBMARINE
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available to the JAGMAN investigati
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COLLISION AND ALLISION INCIDENTS Th
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(9) Date of last inspection of the
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(6) Number of personnel who respond
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5. Distances that significant missi
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signals, and signs. (5) Estimated s
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enclosure if disciplinary action is
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will be forwarded in accordance wit
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under which they are convened. A du
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(9) A description of the internal c
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SONIC BOOMS, JET NOISE, AND ARTILLE
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FIREARM ACCIDENTS The following con
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Qualification Standard (PQS) record
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CHAPTER III COMPLAINTS OF WRONGS 03
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CHAPTER III COMPLAINTS OF WRONGS 03
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i. Examination into a complaint. An
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Assistant Secretaries, may be the r
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complaint within 10 working days af
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wrong. The GCMCA shall prepare and
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(3) If the GCMCA determines the com
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final secretarial action the compla
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SAMPLE COMPLAINT Date From: (Rank/R
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PRIVACY ACT STATEMENT 1. Authority.
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COMPLAINT OF WRONG PROCESSING CHECK
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enclosures and endorsements? (§ 03
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GCMCA REPORT TO COMPLAINANT From: (
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CHAPTER IV ARTICLE 139 CLAIMS -- RE
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Chapter IV ARTICLE 139 CLAIMS -- RE
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to be assessed against the pay of t
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0408 ASSESSMENT OF PECUNIARY LIABIL
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CHAPTER V ENVIRONMENTAL PROTECTION
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CHAPTER V ENVIRONMENTAL PROTECTION
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. Permits and fees. Congress requir
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adverse environmental impact does n
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42 U.S.C. § 6901-6992k, is our nat
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critical habitat considered necessa
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with environmental counsel on meeti
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SELECTED REFERENCES Department of D
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CHAPTER VI DELIVERY OF SERVICE MEMB
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CHAPTER VI DELIVERY OF SERVICE MEMB
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Advocate General (DAJAG) (General L
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to a fugitive warrant or waiver of
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doubt, advice should be sought from
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c. Article 14, UCMJ. When a request
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the individual requested and which
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countries of the signatory parties,
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permitting physical repossession of
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availability of the requesting coun
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incidence of the tax was on the ind
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among the states regarding these pr
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WAIVER OF EXTRADITION I, __________
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DELIVERY REFUSAL NOTIFICATION LETTE
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II. Office of the General Counsel A
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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(5) For the purpose of enhancing th
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(b) Consumer finance issues, includ
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(4) Durable Financial/Property Mana
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is authorized. b. Other services. L
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CHAPTER VIII GENERAL CLAIMS PROVISI
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CHAPTER VIII GENERAL CLAIMS PROVISI
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d. Assistance to claimants. Claiman
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0810 FOREIGN CLAIMS ACT a. General.
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service member or civilian employee
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0815 FOREIGN CLAIMS COMMISSIONS a.
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c. Action by the claims investigati
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a claim in excess of the adjudicati
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File Reference: _____________ SETTL
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CHAPTER IX AUTHORITY OF ARMED FORCE
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CHAPTER IX AUTHORITY OF ARMED FORCE
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(f) All legal and assistant legal o
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from a civilian attorney who prepar
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(she) is. If there is reason to hav
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(1) Exception (A): Allowing relianc
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FORMAT FOR SIGNATURE BLOCK, WITNESS
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[Venue] With the U.S. Armed Forces
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CHAPTER X INTERNATIONAL LAW 1001 SC
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CHAPTER X INTERNATIONAL LAW 1001 SC
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(a) Contracts made under Federal Ac
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Act. Basic guidance is found in the
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of urgency in order to secure the l
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the case and enable the U.S. Govern
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(series) and MCO 3504.2 (series), S
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CHAPTER XI ADMIRALTY AND MARITIME L
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CHAPTER XI ADMIRALTY AND MARITIME L
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eceiving command believes the compl
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without damage to non-federal prope
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investigation may be used to protec
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1107 EVIDENCE PRESERVATION a. Origi
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(20) Radiotelephone logs (such as b
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f. Detention costs. When a commerci
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(Was the deck or ladder wet or grea
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property damage; the Commandant of
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have a strong interest in ensuring
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1118 SALVAGE Salvage claims may be
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SAMPLE ADMIRALTY LETTER REPORT APPO
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Subj: ADMIRALTY LETTER REPORT OF __
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Subj: DUAL PURPOSE LITIGATION REPOR
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FOR OFFICIAL USE ONLY: LITIGATION/A
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JAGINST 5800.7F MAJOR CHANGES Sect
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SUMMARY OF JAGINST 5800.7F CHANGES
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SUMMARY OF JAGINST 5800.7F CHANGES
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5800.7 F - Department of the Navy Issuances

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