military investigations

Retaining an experienced military counsel when you are notified that you are under an investigation may be critical for your continuing service, promotion, no adverse filings in Official Military Personnel File, no adverse evaluation, no loss of security clearance, and no legal hold or flagging. In administrative investigations the standard of proof is preponderance of evidence and hearsay is admissible.

Generally, you have the following rights:

1. to be notified about the allegations against you

2. to review evidence against you (limited)

3. to a hearing (sometimes)

4. to fair and impartial consideration

5. to appeal (sometimes)

6. to have your arguments and evidence considered

Q: Do I have to speak with an investigating officer?

A: No, you do not have to say anything or answer any questions. However, if you are a civilian federal employee there are specific exceptions to this.

Q: How long will it take to complete an investigation?

A: It depends. Generally, an investigating officer is required to complete his or her investigation within 30 days but extensions may be granted.

Q: Do I have a right to a military attorney during an investigation?

A: Generally, a military attorney start his or her representation once you are pending an adverse action. However, you may retain a civilian military law attorney to protect your rights before you are facing adverse actions.

Q: What happens if the investigation is legally deficient?

A: If the investigation is legally deficient, it may be set aside and it should not form the basis of any adverse action. An experienced military law counsel will assist you in identifying any potential errors or violations during the investigation and will assist you in seeking relief

Q: The investigating officer emailed me and wants to talk to me - what now?

A: Considering retaining an experienced military law attorney to protect your rights and assist you during the investigation

This article discusses administrative investigations across different services.

DA Form 3881 - this Army form advises suspects of investigations of their rights

This Army Regulation contains very useful information about your rights during an administrative investigation and the investigating officer's responsibilities.

This manual controls administrative investigations in the Navy