If you’ve learned that you’re the subject of a military investigation, it’s crucial to take the matter seriously, regardless of whether you believe the investigation is warranted or not and even if you’re told it’s just “standard procedure.” The more you understand and respect the process, the better position you’ll be in to respond to it and to protect your rights.
It’s important to note that some events automatically require that an investigation be opened. These include things that may occur on the battlefield (like “friendly fire” incidents) as well as those that can occur anywhere – like a servicemember’s suicide.
Types of internal military investigations
There are a number of types of internal military investigations. These include:
- Criminal investigations (which are covered under Rule of Court Martial 303)
- Injury, illness or death in the line of duty (LOD) investigations
- Government property loss/damage investigations
- Commander-directed investigations (CDIs)
It’s crucial to understand what’s at stake if you’re under investigation. For example, if you were injured on the base or during a training exercise, the investigation will likely focus on whether it occurred in the line of duty and whether your own misconduct played a role. These determinations will affect things like whether your VA benefits cover your care.
There’s a lot more at stake in a criminal investigation. The Military Police (MPs) may be involved. Further, each branch of the military has its own specialized investigation unit. For example, the U.S. Army has the Criminal Investigation Command (CID). These specialized units investigate offenses that are included in the Uniform Code of Military Justice (UCMJ).
Each type of investigation is governed by different regulations. For example, commander-directed investigations in the Army are covered in Army Regulation 15-6. They may be used to investigate criminal misconduct as well as leadership and other issues within a unit.
If you’re the subject of any type of military investigation, it’s crucial to learn as much about it as you can, to know your rights and to assert them effectively. If the outcome of the investigation could affect your military career and your future, you shouldn’t try to go it alone. it’s smart to get experienced legal guidance as soon as possible.