Being the subject of a command investigation at Fort Bragg can be stressful and confusing. Fortunately, there are important steps you can take to prepare for the process and avoid making mistakes. Knowing what to expect during an AR 15-6 investigation is crucial to protect your military career.
The initial notification
Often, the first time you are told an investigation is during a counseling notifying you that you are “flagged.” This leads to the suspension of favorable personnel actions, including promotions, awards and favorable transfers. A flag is a procedural requirement and not a finding of guilt.
Understanding the AR 15-6 investigation
An AR 15-6 investigation is a process Commanders use to gather evidence to make informed decisions regarding allegations of misconduct. An investigating officer (IO) is appointed to interview witnesses, collect evidence, and put together a report for the commander.
Unlike a court-martial, the standard of proof is lower in an AR 15-6 investigation. The IO only needs a preponderance of the evidence to decide whether it is more likely than not that the misconduct occurred.
Asserting your absolute rights
While facing a command investigation, remember that you still hold certain rights. You can protect yourself by exercising the following prerogatives:
- The right to remain silent: You do not have to make a statement, and staying silent cannot be used as proof that you are guilty.
- The right to be informed: Before an IO questions you, they must inform you of all of your rights and the general nature of the allegation(s) against you.
- The right to counsel: You can talk to a lawyer, either through Trial Defense Services (TDS) or a civilian military defense attorney.
Understanding this helps you avoid common pitfalls that can affect the outcome of your case.
Potential outcomes of the investigation
If the IO finds the allegations substantiated by a preponderance of the evidence, it means they believe that there is sufficient evidence against you. This finding does not always mean you will receive criminal punishment. The commander may initiate the following actions:
- Administrative separation
- Article 15
- A General Officer Memorandum of Reprimand (GOMOR)
Conversely, an allegation that is unfounded typically results in a closed case with no punitive action.
Seeking counsel early
The window between the start of a command investigation and action against you is the most critical time to build your defense. Early intervention by a lawyer can help steer the probe toward an unfounded conclusion or a lesser administrative action.