Military commanders are tasked with maintaining order within their ranks. One way they discharge this duty is through command investigations, which may be launched in the wake of training accidents, mission failures, or even criminal allegations. Although a command investigation may seem like a fact-finding endeavor, it can have significant consequences for the servicemembers under investigation, including non-judicial discipline, administrative separation, or a court martial. As a result, servicemembers can best protect their rights and interests by consulting a military defense attorney as soon as possible to discuss their rights and options.
What Is a Command Investigation?
A command investigation occurs when the military examines incidents involving military personnel or operations that may have violated service regulations or created a risk to operational effectiveness. Command investigations stem from a unit commander’s authority to maintain their unit’s effectiveness and welfare, including the obligation to investigate incidents or issues that may compromise the unit.
An officer in a military command will receive an appointment to conduct the command investigation to uncover the facts and circumstances of the incident or alleged incident. The investigating officer will draft a written report of their findings and brief the officer in command of the investigation’s results. A command investigation allows unit commanders to determine whether an incident or alleged incident requires the involvement of military law enforcement or the Judge Advocate General.
Common Reasons for Command Investigations
Some of the most frequent causes of command investigations include:
- Aircraft mishaps
- Explosions
- Ship strandings or floodings
- Fires
- Loss of government funds or property, whether due to mismanagement or embezzlement
- Security violations
- Injuries to servicemembers that occur outside the line of duty
- Training accidents
- Mishandling of classified information that does not lead to a disclosure of such information
- Servicemember misconduct, including hazing, bullying, harassment, or fraternization
- Servicemember deaths connected to military service.
The military does not use command investigations for significant incidents or incidents that result or will likely result in legal claims against the service or the government. Instead, the military will convene a board of inquiry or court martial to investigate significant incidents or incidents that may result in liability for the government.
The Rights of Servicemembers Under Investigation
Servicemembers who become the subject of command investigations have various rights that can protect their interests, including:
- The right to remain silent: The Uniform Code of Military Justice gives servicemembers the right to remain silent, which entitles a servicemember to decline to give statements to investigating officers without first having the opportunity to consult an attorney and the right to have their attorney present if they agree to provide a statement or answers to questions.
- Privileges against self-incrimination: Investigating officers cannot compel servicemembers to provide answers that might impair their rights, including potentially subjecting them to discipline, court-martial, or administrative separation.
- The right to participate: Servicemembers who become subjects of command investigations have the right to participate, including the right to provide a written statement or exculpatory evidence.
- The right to legal counsel: Servicemembers may consult with legal counsel after becoming the subject of a command investigation. However, uniformed counsel cannot get involved in a command investigation except in a limited fashion. This usually involves advising a servicemember to refrain from providing statements to the investigation and to return to seek legal counsel if command takes adverse action against the servicemember. However, civilian counsel can conduct a parallel investigation that can furnish the servicemember with evidence they may present to the investigating officer.
Possible Outcomes of a Command Investigation
The potential outcomes of a command investigation will depend on the investigating officer’s findings. Possible outcomes include:
- No further action taken: When a command investigation cannot substantiate findings of misconduct or violations of service protocols or policy, the investigating officer may recommend that commanders take no further action.
- Administrative action: A command investigation may recommend that the involved servicemembers face administrative action, such as a letter of reprimand from the commanding officer or other non-judicial punishment, like loss of leave or other privileges. Other potential adverse administrative actions include loss of security clearance or demotions.
- Referral for court martial: Command investigations that find violations of the Uniform Code of Military Justice may result in referrals of cases to the Judge Advocate General for possible court-martial proceedings.
- Administrative separation: Alternatively, when an investigated incident involves misconduct by a servicemember that does not warrant a court-martial, a commander may initiate administrative separation of the involved servicemember(s). Administrative separations involuntarily discharge servicemembers from the military. Although a servicemember may receive an honorable discharge during an administrative separation, command investigations may lead to a general discharge or other than honorable discharge.
Steps to Take If You Become the Subject of a Command Investigation
After becoming the subject of a command investigation in the military, steps you can take to protect your rights and interests include:
- Refrain from providing a statement or answering questions from the investigating officer until you have consulted a military defense attorney.
- Gather relevant evidence and documentation that help prove your case
- Work with a military defense lawyer to cooperate with the investigating officer to the extent necessary while still protecting your legal rights
How Can a Military Defense Attorney Help You?
A military defense attorney from Greene Wilson Crow & Smith, P.A. can help you protect your interests during a command investigation by:
- Conducting a parallel investigation to obtain favorable evidence you can use during the investigation
- Insulating you from contact with the investigating officer to avoid situations where you might make statements the officer may misquote or take out of context
- Advising you whether you should provide a statement or answer questions, and helping you draft a compelling statement if necessary
- Explaining what to expect during a command investigation and preparing you for the possible outcomes
Contact a Military Defense Lawyer Today
If you’ve become a subject of or a person of interest in a command investigation, you need experienced legal counsel to protect your rights and interests. Contact us today for a confidential consultation with a military defense lawyer to discuss your rights and options in a command investigation.