(d) Section 113 of title 10, United States Code, note "Survivor
Notification and Access to Reports Relating to Service Members Who Die."
1. PURPOSE
This Instruction is issued under subsection (a) (3) of reference (a) to
implement policy for the investigation of noncombat
deaths of members of the Armed Forces not medically determined to be from
natural causes.
2. APPLICABILITY AND SCOPE
This Instruction applies:
- 2.1. To the Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Unified
Combatant Commands, the Inspector General of the Department of Defense,
the Defense Agencies, and the DoD Field Activities (hereafter referred
to collectively as "the DoD Components").
- 2.2. To noncombat deaths of active duty members of the Armed Forces
not medically determined to be from natural causes.
- 2.3. With the exception of procedures at subsection 6.3., below,
only to those situations in which a military criminal investigative
organization (MCIO) has jurisdiction and conducts an investigation into
the cause and manner of death of an active duty member of the Armed
Forces.
3. DEFINITIONS
- 3.1. Accidental Death. Refers to a death
from inadvertent action, or action where no harm was intended.
- 3.2. Active Duty. Refers to full-time
duty in the active military service of the United States. The term
includes full-time training duty, annual training duty, and attendance,
while in the active military Secretary of the Military Department
concerned. The term does not include full-time National service, at a
school designated as a service school by law or by the Guard duty.
- 3.3. Military Criminal Investigative
Organizations (MCIOs). Refers to the U.S. Army Criminal
Investigation Command, the U.S. Naval Criminal Investigative Service,
and the U.S. Air Force Office of Special Investigations.
- 3.4. Self-Inflicted Death. Refers to a
death resulting from the actions of the deceased, and includes both
suicide and accidental death.
- 3.5. Suicide. Refers to a death
resulting from purposeful action intended to result in one's own death.
4. POLICY
It is DoD policy that:
- 4.1. All noncombat deaths of members of the Armed Forces on active
duty, not medically determined to be from natural causes,
shall be investigated as potential homicides until
evidence establishes otherwise.
- 4.2. All MCIO agents assigned to conduct investigations of the
deaths of members of the Armed Forces on active duty
shall be properly trained in conducting such
investigations. DODI 5505.10, January 31, 1996
- 4.3. In any case of an investigation of a noncombat death conducted
by an MCIO in which a determination of the manner of death is made by an
authority other than the Office of the Armed Forces Medical Examiner (AFME),
Armed Forces Institute of Pathology (AFIP) under DoD Directive 6010.16
(reference (b)), the completed investigation shall be reviewed by the
headquarters of the MCIO and submitted by such headquarters to the AFME,
AFIP, for a consultation opinion on the
thoroughness and completeness of the investigation as it relates to the
external determination of cause and manner of death.
- 4.4. A Family Liaison Program shall be establish by each MCIO.
- 4.5. Any public release of information about the noncombat death of
a member of the Armed Forces on active duty not medically determined to
be from natural causes will state that the cause and manner of death are
undetermined, unless an official determination has been made. After the
official determination has been made, releases to the public will state
the official determination of the cause of death and
avoid speculation about the means not
substantiated in connection with the determination. All releases will be
coordinated in advance among the cognizant MCIO, the casualty assistance
officer, and the servicing judge advocate. The family of the deceased
member will be notified prior to any public release of information.
- 4.6. Each MCIO shall, to the maximum extent possible consistent with
available resources and the facts and circumstances of each case,
provide military authorities with all information necessary to make
command determinations and support command programs relating to deaths
that are the subject of this Instruction.
5. RESPONSIBILITIES
- 5.1. The Inspector General of the Department of Defense shall
monitor, evaluate program performance, and provide guidance with respect
to all DoD activities that implement this Instruction.
- 5.2. The Assistant to the Secretary of Defense for Public Affairs
shall ensure that all public affairs personnel comply with the
requirements of this Instruction on public release of information
regarding the noncombat death of a member of the Armed Forces on active
duty not medically determined to be from natural causes.
- 5.3. The Secretaries of the Military Departments shall ensure that
all MCIO agents comply with the procedures described in section 6,
below. DODI 5505.10, January 31, 1996. 3
6. PROCEDURES
- 6.1. Appropriate training for MCIO agents assigned to investigate
deaths shall, at a minimum, include the following subject matter areas:
- 6.1.1. Jurisdiction for conducting criminal investigations.
- 6.1.2. The elements of criminal offenses connected with deaths.
- 6.1.3. Preliminary investigative procedures, including receiving
and responding to notification of a death, assigning an
investigative team and initially locating and interviewing
witnesses.
- 6.1.4. Preserving and processing the crime scene.
- 6.1.5. Searching for, locating, identifying, preserving and
transporting evidence.
- 6.1.6. Submitting evidence for medical and forensic analysis.
- 6.1.7. Identifying possible criminal offenders.
- 6.1.8. Preparing reports and maintaining case files to assist or
support appropriate authorities in determining the cause and manner
of death and prosecuting any person(s) culpable for the death.
- 6.2. The Family Liaison Program established by each MCIO shall:
- 6.2.1. Provide for designation of at least one agent to provide
information and appropriate assistance to the family of the deceased
active duty member of the Armed Forces.
- 6.2.2. Provide for agents assigned to family liaison duties to
be trained to perform such responsibilities in areas including
victim and/or witness assistance issues, survivor assistance
procedures and requirements of DoD Directive 5400.7 (reference (c)).
The agent's family liaison duties shall be in conjunction with, or
in support of, those other officials with direct responsibility for
family notification and assistance, determining and arranging
survivor benefits, and performing information redactions in
accordance with reference (c). DODI 5505.10, January 31, 1996
- 6.2.3. Provide the deceased's family, if they so desire, and to
the extent that such reports may be furnished consistent with
reference (c), a copy of any completed
investigative report and any completed fatality report in
accordance with the requirements of 10 U.S.C. 113 note (reference
(d)).
- 6.2.4. Ensure all reasonable questions and issues raised by the
family are addressed on a timely basis.
- 6.3. In any case where an MCIO does not have jurisdiction to conduct
an investigation into the cause and manner of the noncombat death of a
member of the Armed Forces on active duty:
- 6.3.1. The MCIO for the cognizant Military
Department shall attempt to maintain maximum liaison with the law
enforcement organization that is conducting the investigation.
- 6.3.2. The MCIO family liaison agent shall
provide all possible assistance to the family of the deceased in
obtaining cooperation and assistance from the responsible law
enforcement organization.
- 6.3.3. The MCIO shall attempt to obtain and
provide to the appropriate military authorities a copy of the report
of investigation, including any forensic or autopsy results.
7. EFFECTIVE DATE
This Instruction is effective immediately.
DODI 5505.10, January 31, 1996
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