If you are undergoing a military investigation, it can be an incredibly challening period in your personal and professional life. The military investigation process can be complex, involving various types of investigations such as digital forensic evaluations, interviews of friends, co-workers superiors, family, depending on the nature of the incident and the parties involved. This article explores the different types of military investigations and stages, from initiation to conclusion.
Types of Military Investigations
Commander’s Inquiry
Each service has various names for these types of investigations such as an AR 15-6 investigation in the Army, a Command Directed Inquiry, or CDI, in the Air Force or a Command Investigation (CI) in the Navy and Marine Corps. A Commander’s Inquiry is often the first step in addressing allegations of misconduct or other issues within a unit that are not of a sex-related offense because those types of allegations must be sent to CID, OSI, NCIS or CGIS. A Commander’s Inquiry type of investigation is typically informal and conducted by a designee of the unit commander to address and resolve minor infractions quickly.
The purpose is to gather facts and determine whether further action is necessary. Commander’s Inquiries are suitable for minor disciplinary issues that do not warrant a full-scale investigation by higher authorities, or as stated earlier, are not of a sex offense nature.
Investigations such as this will often take 2-6 months.
Military Criminal Investigation Organization Investigations
Each branch of service has levels of criminal investigations with jurisdiction over certain types of offenses. This paragraph will discuss only those entities empowered to conduct what are considered serious or “felony” level investigations such as murder, assault, sexual assault, fraud, theft, and other similar offenses. These types of investigations are more formal and are conducted by the Criminal Investigation Division of each service. The Army’s criminal investigations are conducted by CID; The Navy and Marine Corps are headed up by Naval Criminal Investigative Service (NCIS); the Air Force Investigative entity is Office of Special Investigation or OSI and the Coast Guard is Coast Guard Investigative Service (CGIS).
The purpose of these investigations is to gather sufficient evidence (probable cause) to determine whether a crime has been committed and to identify the perpetrator. These investigations are thorough and can involve multiple investigative techniques, including forensic analysis and surveillance. They often take 6-18 months depending on the amount and type (DNA, digital, fingerprint,etc.) of forensic evidence involved.
Inspector General (IG) Investigations
Inspector General investigations are conducted to address complaints and allegations of misconduct, fraud, waste, and abuse within the military. The IG operates independently to ensure impartiality and fairness.
IG investigations often involve reviewing policies, procedures, and practices to identify systemic issues that may need correction. The IG’s role is to provide oversight and ensure accountability within the military structure.
Initiation of an Investigation
The investigation process begins when an incident is reported. Reports can be made through various channels, including the chain of command, a SARC or other identified representative authorized to accept sexual assault related reports, anonymous tips, or direct reports to the criminal investigation organization or the IG.
Once an incident is reported, the initial assessment is conducted by the appropriate authorities to determine the need for an investigation.
Reporting an Incident
An incident can be reported by anyone within the military or even by civilians, depending on the nature of the incident. Reports can be made verbally, in writing, or through established reporting systems.
A report can also be made from a civilian law enforcement entity to a military law enforcement entity.
Initial Assessment
After an incident is reported, an initial assessment is conducted to determine whether an investigation is warranted and which investigative body should handle it.
This assessment involves reviewing the details of the report, interviewing the person who reported the incident, determining the severity of the offense alleged and gathering any preliminary evidence. Based on this assessment, the appropriate investigative body is assigned to conduct the investigation.
Investigation Process
Once an investigation is initiated, the process of gathering evidence, conducting interviews, and analyzing information begins. This phase is crucial for building a case and ensuring that the investigation is thorough and unbiased. How CID, OSI, NCIS and CGIS conduct their investigations has changed a great deal over the last 10-15 years and been greatly influenced by changes Congress has mandated. It is now a much more “victim-centric” approach and great pains are taken to ensure the alleged victim does not ever feel as if they are being questioned as to the veracity of what they are saying.
Gathering Evidence
The first step in any investigation is gathering evidence. This can include collecting physical evidence from the scene, such as documents, digital data, blood, semen, DNA and other forensic evidence.
Investigators may also obtain surveillance footage, emails, and other records that could be relevant to the case. The goal is to gather as much information as possible to build a comprehensive understanding of the incident.
Conducting Interviews
Interviews are a key component of the investigation process. Investigators interview witnesses, alleged victims, and the accused to gather firsthand accounts of the incident. These interviews should be conducted objectively and not with an investigatory bias or assumption as to the truth of the allegations.
Interview techniques vary depending on the nature of the investigation, but they should involve asking open-ended questions to gather detailed information.
Surveillance and Monitoring
In some cases, surveillance and monitoring may be necessary to gather evidence. This can include physical surveillance, electronic monitoring, and undercover operations.
Investigators must follow legal guidelines and obtain the necessary approvals to conduct surveillance. The evidence gathered through surveillance can be crucial in corroborating witness statements and identifying suspects.
Rights and Responsibilities During the Investigation
Both the accused and the investigators have specific rights and responsibilities during the investigation process. Ensuring that these rights and responsibilities are upheld is essential for maintaining the integrity of the investigation.
Rights of the Accused
The accused has several rights during the investigation process found in Article 31 of the UCMJ. These include the right to legal representation, the right to remain silent to avoid self-incrimination, and the right to be informed of the nature of the allegations against them. The law enforcement agent must inform the accused of those rights before questioning them.
The accused must be treated fairly and with respect throughout the investigation, and any violations of their rights can compromise the integrity of the investigation.
Responsibilities of Investigators
Investigators should conduct their investigations impartially and thoroughly. They should also adhere to legal and ethical standards, maintaining objectivity and avoiding any conflicts of interest.
Investigators are responsible for protecting the confidentiality of the investigation and ensuring that all evidence is collected and documented accurately, which means they are not likely to discuss the specific nature of conduct of the investigation during the initial investigation process.
Conclusion of the Investigation
The conclusion of the investigation involves compiling the findings, reviewing the evidence, and making recommendations based on the investigation results. This phase is critical for determining the appropriate actions to take. They will then take their findings to the Staff Judge Advocate (SJA) and have a legal review or opine conducted to determine whether evidence exists to go forward with charging the accused. They also title an individual if probable cause exists, which means your name and information go into a criminal database that will appear in future background checks.
Review and Recommendations
The findings of the investigation are reviewed by the command or other relevant authorities. Based on the findings, recommendations are made regarding the actions, if any, to be taken.
This can include a counseling, non-judicial punishment, administrative disciplinary actions, changes in policies or procedures, or referral for court-martial. The goal is to ensure that justice is served and that any issues identified during the investigation are addressed.
Post-Investigation Procedures
After the investigation is concluded, there are several post-investigation procedures to follow, including appeals, record keeping, and ensuring confidentiality.
Appeals and Reviews
The accused has the right to appeal the findings of the investigation if they believe that the investigation was conducted improperly or that the conclusions are unjust. This involves requesting an Expungement of their informaion in the criminal databases such as NCIC. Appeals are reviewed by the Investigative Division in question and then by the Board for Corrections of Military Records of the respective service.
If you or someone you know is facing a military investigation, reach out to Crisp and Associates Military Law. We are dedicated to providing experienced and aggressive representation to protect your rights.
Contact us today for a free consultation and let us help you navigate the military investigation process with confidence.