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File: 980715_may96_sagwi1_0012.txt
Page: 0012
Total Pages: 61

Subject = COLLATERAL INVESTIGATION   22 DEC 90                            

Box ID = BX001415

Folder title = COLLATERAL INVESTIGATION 2                                                                      

Unit = 24TH ID     

Parent = XVIII CORPS 










    AFZP-VJA                                                  9 December 1990
    MEMORANDUM FROM ACofS GI           5 U.S.C. 552 (b)(6)

    MEMORANDUM FOR MAJ James  G. Diehl,               HHC, lst Bn, 64th AR,
    APO NY 09315

    SUBJECT: Appointment of   Collateral Investigation Officer

    1. You are appointed to   conduct a collateral Investigation into a fire
    and the resulting destruction of an Ml tank, assigned to 3d Bn, 69th AR,
    which occurred 5 December 1990.

    2. The collateral investigation will be conducted IAW: (1) AR 15-6,
    (Procedures for Investigating Officer and Boards of Officers); (2) AR
    3440-12 (Release of Information and Records from Army Files); (3) AR
    385-4 (Accident Reporting and Records); (5) Section 552, Title 5, United
    States Code, (Privacy Act); (6) Exemption No. 6 (Freedom of Information
    Act); (7) letter, AFZP-CG, 10 Jun 88, Subject: (Collateral
    Investigation of Accidents); (8) 24th In Div (M) & FS Reg 95-4; (9)
    FORSCOM CIR 385-88-1, (Collateral Accidents Investigations).

    3. The investigating officer will utilize informal procedures as
    provided in AR 15-6. When there is a conflict in procedures of
    requirements between AR 15-6 and the specific collateral investigation
    guidance, the latter will control.

    4. In your investigation, all witnesses must give sworn statements.
    Should you reasonably suspect that any person may have committed a
    violation of the UCMJ, you will advise that person of their rights      under
    Art 31, UCMJ, before beginning or continuing further questioning.      All
    persons who are interviewed will either be provided a copy of the
    enclosed Privacy Act Advisement or you will certify that you have
    advised them of these rights.

    5. Special consideration must be given to the timeliness of the
    investigation. The investigation must be completed within 35 days from
    the date of the accident. The findings and recommendations should be
    submitted to the appointing authority in three copies, including a cover
    letter, DA Form 1574, a legal sufficiency review by SJA and a narrative
    summary of the accident.

    6. Prior to initiating the investigation, the investigating officer
    will be briefed by MAJ H. Franklin Young III, Office of the Staff Judge
    Advocate, DREAR, (9) 7662-203.

    FOR THE COMMANDER:
                                       m .   maco@6
                                       COL   s
                                       ACofS, Gl/AG









    AFZP-VJA                                                  9 December 1990
    MEMORANDUM FROM ACofS GI           5 U.S.C. 552 (b)(6)

    MEMORANDUM FOR MAJ James  G. Diehl,               HHC, lst Bn, 64th AR,
    APO NY 09315

    SUBJECT: Appointment of   Collateral Investigation Officer

    1. You are appointed to   conduct a collateral Investigation into a fire
    and the resulting destruction of an Ml tank, assigned to 3d Bn, 69th AR,
    which occurred 5 December 1990.

    2. The collateral investigation will be conducted IAW: (1) AR 15-6,
    (Procedures for Investigating Officer and Boards of Officers); (2) AR
    3440-12 (Release of Information and Records from Army Files); (3) AR
    385-4 (Accident Reporting and Records); (5) Section 552, Title 5, United
    States Code, (Privacy Act); (6) Exemption No. 6 (Freedom of Information
    Act); (7) letter, AFZP-CG, 10 Jun 88, Subject: (Collateral
    Investigation of Accidents); (8) 24th In Div (M) & FS Reg 95-4; (9)
    FORSCOM CIR 385-88-1, (Collateral Accidents Investigations).

    3. The investigating officer will utilize informal procedures as
    provided in AR 15-6. When there is a conflict in procedures of
    requirements between AR 15-6 and the specific collateral investigation
    guidance, the latter will control.

    4. In your investigation, all witnesses must give sworn statements.
    Should you reasonably suspect that any person may have committed a
    violation of the UCMJ, you will advise that person of their rights      under
    Art 31, UCMJ, before beginning or continuing further questioning.      All
    persons who are interviewed will either be provided a copy of the
    enclosed Privacy Act Advisement or you will certify that you have
    advised them of these rights.

    5. Special consideration must be given to the timeliness of the
    investigation. The investigation must be completed within 35 days from
    the date of the accident. The findings and recommendations should be
    submitted to the appointing authority in three copies, including a cover
    letter, DA Form 1574, a legal sufficiency review by SJA and a narrative
    summary of the accident.

    6. Prior to initiating the investigation, the investigating officer
    will be briefed by MAJ H. Franklin Young III, Office of the Staff Judge
    Advocate, DREAR, (9) 7662-203.

    FOR THE COMMANDER:
                                       m .   maco@6
                                       COL   s
                                       ACofS, Gl/AG

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