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Command Investigations [AR 15-6, C.D.I.]

March 21, 2024 Uncategorized

Command Investigations [AR 15-6, C.D.I.]

Purpose of Investigations

The main goal is for the commander to find out what happened. Investigations are fact-finding missions. The investigator interviews witnesses, reviews documents, and pieces together the story. Their job isn’t to recommend punishment or say who’s guilty. They just report the facts so the commander can make an informed decision.

Sometimes the commander handles small issues themselves. But for more serious matters, they appoint an investigating officer (IO) to dig deeper. The IO should be neutral and objective. Their goal is to get an accurate account of events.

Types of Investigations

There are a few common types of military investigations:

  • Preliminary Inquiries – These are informal checks into minor incidents. They usually don’t involve extensive interviews or evidence collection.
  • Command Directed Investigations (CDIs) – The commander appoints an IO to gather facts on an incident or allegation. This is the most common type.
  • AR 15-6 Investigations – Detailed investigations that follow Army Regulation 15-6. Other branches have similar regulations.
  • Boards of Inquiry – Panels that review matters like misconduct, promotion/retention, or medical issues.

The type of investigation depends on the situation. More serious matters require more formal procedures. For example, suspected crimes may need involvement from law enforcement or legal advisors.

The Investigation Process

Here are the typical steps in a command investigation:

  1. The commander consults their legal advisor on whether an investigation is appropriate.
  2. The commander appoints an IO in writing, stating their duties and expectations.
  3. The IO develops an investigative plan and notifies witnesses.
  4. Interviews are conducted, along with evidence collection.
  5. The IO analyzes findings and writes a report of investigation.
  6. The IO provides a briefing to the commander on the findings.
  7. The commander determines if any actions are warranted based on the report.

See, the IO does the legwork, but the commander makes the final call. The IO stays in their lane by just reporting facts, not recommending outcomes.

Investigative Guidelines

Investigations have rules to ensure they’re conducted properly:

  • IOs must be impartial – They can’t have an agenda or conflicts of interest.
  • Interviews should be private and witnesses can bring a representative.
  • Witnesses are advised of their rights against self-incrimination.
  • Evidence must be carefully documented with a chain of custody.
  • Findings must meet the “preponderance of evidence” standard.
  • Results go to the commander who has sole authority on outcomes.

It’s not a quick process, but a thorough investigation builds an accurate record. Rushing it can mean missing important facts.

Being Investigated

If you’re involved in an investigation, don’t panic. Here are some tips:

  • Be truthful in your interview – getting caught in a lie looks bad.
  • Consider having a representative with you who understands the process.
  • Don’t speculate or gossip about the case while it’s ongoing.
  • Requests for immunity or confidentiality may be considered.
  • Realize the IO is not the decision maker on discipline.

The investigation itself isn’t punishment – it’s about uncovering facts. However, commanders can take administrative or judicial actions later based on the findings. But nothing is predetermined, so avoid speculating on the outcome.

Conclusion

Command investigations are an essential tool for the military to maintain readiness and discipline. They ensure the commander gets reliable information to make fair decisions in response to incidents. It’s a standardized process with checks and balances to protect rights. If you end up part of an investigation, stay calm, be cooperative, and let the process work. With a neutral IO gathering the facts, the truth will come out.

References

Here are some resources if you want to dig deeper into military investigations:

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