MAY 15 2002
COMDTINST 5520.5E
5. DEFINITIONS. For the purposes of this Instruction, the following definitions apply:
a. A "covered person" is defined as:
(1) Active duty Coast Guard personnel;
(2) Reserve Coast Guard personnel on active duty;
(3) Civilian Coast Guard employees;
(4) Public Health Service personnel assigned to the Coast Guard, and;
(5) DoD personnel assigned to the Coast Guard.
b. A felony UCMJ violation is violation of the UCMJ that could result in confinement exceeding 1-
year. Violations that could result in less than 1-year confinement are misdemeanor offenses.
6. DISCUSSION.
a. Good order and discipline are the direct responsibility of command. In the discharge of this
responsibility, commanding officers must frequently rely on prompt investigative action by
professionally trained and experienced criminal investigators, not only for effective resolution of
actual, alleged, or suspected criminal offenses, but also to preserve facts, evidence and construct
an evidentiary foundation for subsequent command action or criminal prosecution. CGIS
maintains a cadre of highly trained special agents who exercise jurisdiction as delineated by this
Instruction and reference (b). These trained investigators are assigned to CGIS Regional and
Resident Agent Offices located throughout the continental United States, Puerto Rico, Hawaii,
and Alaska as contained in Enclosure (1).
b. CGIS special agents are responsive to command investigative needs and are available to provide
support as needed, both ashore and afloat, consistent with Coast Guard policy and with full
regard for constitutional considerations. CGIS special agents are "fact finders" committed to
providing a fair and impartial investigative product for use by appropriate command and legal
authority as necessary. Unlike Investigating Officers when conducting Administrative
Investigations, CGIS special agents are prohibited from offering recommendations or opinions in
matters concerning guilt, innocence or punishment. As the Coast Guard's primary investigative
body, CGIS is dedicated to working just as aggressively to disprove allegations as prove them
while supporting a unit's ability to maintain good order and discipline as well as ensuring the
needs of the Service are met. While commanding officers maintain a limited investigative
capability for the resolution of minor UCMJ offenses and have authority to appoint
administrative fact-finding bodies to determine the circumstances of specific incidents in
accordance with reference (d), this Instruction delineates the responsibilities and limitations of
commanding officers with regard to criminal investigations, death investigations, Protective
Service Operations, and law enforcement information collection in support of criminal
investigations and law enforcement operations.
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