Misc Pub 27-8 Legal Handbook Commander’s 2019


b. Reporting Requirements



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
b. Reporting Requirements
Experience has shown that swift investigation immediately after hearing about an allegation best contributes to good order and discipline. When in doubt, report and investigate!
For reporting, DoDD E requires that All reportable incidents committed by or against US. personnel, enemy persons, or any other individual are reported promptly, investigated thoroughly, and, where appropriate, remedied by corrective action. (Para. 4.4).
• All reportable incidents are reported through command channels for ultimate transmission to appropriate US. Agencies, allied governments, or other appropriate authorities. (Para.
4.5)
• All military and US. civilian employees, contractors, and subcontractors assigned to or accompanying DoD Components shall report reportable incidents through their chain of command. Reports maybe made to military police, a judge advocate, or an inspector general. If made to anyone else, reports shall be accepted and immediately forwarded through the recipient’s chain of command. (Para. 6.3)
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• Commanders shall immediately forward initial reports through the applicable operational chain of command and Military Department, through the most expeditious means available. (Para. 6.4)
• Higher authorities receiving an initial report must require a formal investigation and forward the initial report up the chain to the Combatant Commander and HQDA. Higher authorities must also file supplemental reports on- (a) any criminal cases, regardless of the allegation, receiving or expected to receive significant media interest, orb) any cases suspected to involve friendly fire (Para. Additional detail on reporting should be in the OPLAN or OPORD Legal Appendix, and the unit TACSOP or FSOP. Possibly, an OPREP-3 report per CJCSM Dis also required. The US. Army Criminal Investigative Command (CID) normally investigates LOAC violations. Minor violations may alternatively be investigated following AR 15-6 or a commander’s inquiry under Rule for Courts-Martial 303.

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