UNDER INVESTIGATION IN THE MILITARY

Every investigation is different, but the principles apply universally.

Do:

• Invoke your right to silence and to an attorney — guaranteed under Article 31(b), UCMJ

• Respond with “I want a lawyer” no matter what investigators say

• Consult an attorney before talking to an investigator

• Seek legal guidance as early as possible, even if you believe you have nothing to hide

Do not:

• Assume cooperation will make the problem go away

• Rely on informal advice from supervisors or peers

• Wait until charges are filed to seek legal guidance

• Believe investigators when they say “you’re not in trouble” or “this is just informational”

Understanding the type of investigation you are facing is the first step to protecting yourself.

“Under investigation” means the government is formally gathering evidence of alleged misconduct, often before charges are preferred. There are two broad categories of military investigations:

• Law enforcement investigations — conducted by CID, NCIS, OSI, CGIS, or other authorized agencies; criminal in nature and focused on potential courts-martial

• Command-directed investigations — initiated by a commander for administrative decision-making; not criminal but can lead to severe consequences including separation

Which type applies to you, and how you respond, matters greatly. The wrong response at the investigation stage can determine the outcome of your case before it ever reaches a hearing.

Law enforcement investigations are conducted by military criminal investigative organizations — Army CID, Naval Criminal Investigative Service (NCIS), Air Force Office of Special Investigations (OSI), and Coast Guard Investigative Service (CGIS). These investigations focus on criminal liability and are often the foundation for courts-martial, Article 15 NJP, or adverse administrative action.

For a detailed breakdown of how these agencies operate, see military law enforcement investigation.

What Investigators Want You to Believe

• Investigators want you to believe they are neutral. They are never neutral — their job is to build a case, not to help you. Every time.

• Investigators want you to believe they are telling you the truth. This is not the case – they are allowed to lie to you during questioning and will do so. Every time.

• Investigators want you to believe you can trust them. They may talk to you about things you like, and say “you’re not accused of anything” to build trust and get you talking. This is a ruse. Every time. 

• Investigators want you to think that if you talk they can help clear things up. This is the ultimate lie. Anything you say will be used against you – even if you are innocent. Every time. 

Everything They Say is a Lie

Even if you believe the issue is minor or based on a misunderstanding, seeking legal advice early is critical. Statements made without counsel can be used against you even if you were never read your rights formally.

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Command investigations are initiated by a commander to gather facts for administrative decision-making. They may be informal or formal (such as an AR 15-6 investigation) and can address misconduct, leadership failures, or regulatory violations.

For a detailed breakdown, see command investigation.

Possible Consequences of Command Investigations

A command investigation can lead to:

• Adverse administrative action, including GOMORs or formal reprimands

• Referral to law enforcement for criminal investigation.

• Initiation of administrative separation proceedings for enlisted members. 

• Board of Inquiry proceedings for officers.

Service members often underestimate command investigations because they are “administrative.” This is a mistake. The findings from a command investigation can be used to support separation, even without a criminal conviction. Speaking freely during a command investigation can lock in statements that are later used against you.

The earliest phase of an investigation — before charges are filed, before paperwork is initiated — is when the most damage occurs. This is when service members are under the greatest pressure to explain themselves, and when they are most likely to say something that cannot be taken back.

Key Principles

• You have no obligation to help build a case against yourself — do not cooperate with investigators, especially if you are innocent

• You always have the right to remain silent and to consult counsel under Article 31(b), UCMJ

• Strategic silence can be as important as a strong defense — the statements you do not make cannot be used against you

Once statements are made or evidence is locked in, your options narrow quickly. The defense strategy available to you after charges are filed may be entirely different from what was available before you spoke.

Understanding Your Exposure Early Matters

Confinement ends. Fines are paid. Rank can sometimes be restored. But a punitive discharge follows you for life — and so can the findings of an investigation that was never properly challenged.

Understanding your exposure early means knowing whether the investigation could lead to a general or special court-martial, administrative separation, or a GOMOR that ends your career without a hearing. It also means knowing whether the Office of Special Trial Counsel has jurisdiction over your case.

The most important step you can take is consulting with a court-martial defense lawyer who understands military investigations and can protect your rights from the start. For more on sentencing exposure across all forums, see court-martial punishments and sentencing.

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