Overview of AR 15-6 Investigations
Regulatory Basis: Army Regulation 15-6, “Procedures for Administrative Investigations and Boards of Officers,” establishes procedures for conducting administrative investigations to gather facts regarding incidents, allegations of misconduct, or circumstances requiring inquiry.
Purpose: AR 15-6 investigations serve to:
- Determine facts surrounding incidents or allegations
- Identify responsibility for actions or failures
- Evaluate compliance with law, regulation, and policy
- Provide commanders with information for decision-making
- Document findings for administrative or disciplinary action
- Assess whether systemic problems require correction
Scope: AR 15-6 applies to administrative investigations including:
- Misconduct allegations (not rising to court-martial level)
- Accidents and safety incidents
- Loss or damage to property
- Discrimination or harassment complaints
- Training accidents or failures
- Policy violations
- Command climate issues
- Any matter requiring factual inquiry
Not Criminal Investigations: AR 15-6 investigations are administrative, not criminal. Criminal investigations are conducted by Army CID, not under AR 15-6.
Service-Specific: AR 15-6 is Army regulation. Other services use different procedures:
- Navy/Marine Corps: JAGMAN (Judge Advocate General Manual) investigations
- Air Force: AFI 90-301 Inspector General Complaints, or commander-directed investigations
- Coast Guard: Various administrative investigation procedures
Types of AR 15-6 Investigations
Informal Investigation
Definition: Streamlined investigation for straightforward matters not requiring extensive procedures.
When Used:
- Simple, uncomplicated matters
- Facts readily ascertainable
- No substantial adverse action anticipated
- Low-level misconduct or minor incidents
Procedures:
- Single investigating officer appointed
- Flexible investigation methods
- No formal hearing required
- Witnesses not sworn (though may be)
- Less formal report format
Example Cases:
- Minor vehicle accident
- Minor property damage
- Simple policy violation inquiry
- Preliminary fact-finding
Formal Investigation
Definition: Comprehensive investigation with enhanced procedures providing greater protections for subjects.
When Used:
- Complex matters requiring detailed inquiry
- Serious misconduct allegations
- Multiple subjects or witnesses
- Substantial adverse action possible (relief, separation)
- Appointing authority determines formality required
Procedures:
- More stringent procedural requirements
- Subjects have enhanced rights (notice, representation, rebuttal)
- Witnesses sworn under oath
- Formal report with detailed findings
- Legal review more extensive
Example Cases:
- Relief for cause investigation
- Serious misconduct allegations
- Discrimination or harassment complaints
- Safety incidents with injuries
- Allegations against senior personnel
Administrative Investigation Board
Definition: Panel of officers (typically three) conducting investigation through formal hearing procedures.
When Used:
- Most serious or complex matters
- When appointing authority determines board appropriate
- Cases requiring enhanced procedural protections
Procedures:
- Three or more officers serve as board
- Senior member presides
- Formal hearing with sworn testimony
- Recorder presents evidence (like prosecutor)
- Subject may have counsel present
- Deliberation and voting on findings
- Board prepares collective report
Rarely Used: Administrative investigation boards are less common than informal or formal investigations by single IO.
Appointment of Investigating Officer
Appointing Authority
Who Appoints: Commander at appropriate level directs investigation by issuing appointment memorandum.
Appointment Memorandum Contents:
- Designation of investigating officer (by name and rank)
- Statement of matter to be investigated (scope)
- Authority cited (AR 15-6)
- Reporting deadline
- Special instructions if necessary
Example:
MEMORANDUM FOR Captain Jane Smith, S-1
SUBJECT: Appointment as Investigating Officer under Army Regulation 15-6
1. You are appointed as Investigating Officer to conduct an informal investigation into the alleged unauthorized absence of Specialist John Doe on 15 January 2024.
2. You will investigate the circumstances surrounding the allegation, determine the facts, and provide findings and recommendations.
3. Your investigation will be completed by 15 February 2024.
4. This appointment is made under authority of AR 15-6.
[Signature]
Colonel Mary Johnson
Commanding
Investigating Officer Qualifications
Requirements:
- Typically commissioned or warrant officer
- Impartial (no personal involvement in matter)
- Senior to subject if practical (rank consideration)
- Competent and capable of conducting investigation
- Available to complete investigation timely
Disqualifications:
- Personal involvement in incident
- Personal interest in outcome
- Relationship to subject creating bias
- Prior role that compromises impartiality
Legal Advisor: IO should consult legal advisor (Staff Judge Advocate, legal assistance attorney) for guidance on:
- Procedural requirements
- Rights advisement
- Evidence collection
- Report preparation
- Legal sufficiency
Investigating Officer Duties
Primary Responsibilities:
- Conduct thorough, impartial investigation
- Interview witnesses and subjects
- Collect documentary and physical evidence
- Evaluate credibility and weight of evidence
- Make findings of fact based on preponderance of evidence
- Provide recommendations (if requested by appointing authority)
- Prepare written report documenting investigation
Standard of Proof: Preponderance of evidence (more likely than not), not beyond reasonable doubt.
Impartiality: IO must remain impartial, not advocate for particular outcome.
Investigation Procedures
Initial Steps
Review Appointment: IO reviews appointment memorandum understanding:
- Scope of investigation (what to investigate)
- Deadline for completion
- Any special instructions
Consult Legal Advisor: Before beginning investigation, IO should:
- Understand procedural requirements
- Learn about rights advisement
- Clarify scope and authority
- Obtain guidance on evidence collection
Develop Investigation Plan:
- Identify key questions to answer
- Determine witnesses to interview
- Identify documents or evidence to obtain
- Establish timeline for completion
Evidence Collection
Witness Interviews:
- Schedule interviews with all relevant witnesses
- In informal investigations, witnesses need not be sworn (though may be)
- In formal investigations, witnesses sworn under oath
- Document witness statements (written or recorded)
- Ask open-ended questions
- Avoid leading questions suggesting answers
- Follow up on inconsistencies
Documentary Evidence:
- Obtain relevant documents (reports, records, emails, texts)
- Preserve chain of custody for physical evidence
- Photograph scenes or evidence when appropriate
- Obtain expert opinions if needed
Subject Interviews:
- Subject has rights that must be respected
- Provide appropriate rights advisement (see below)
- Subject may decline to make statement
- Cannot compel subject to incriminate self
- Document subject’s statement or refusal
Rights Advisement
Article 31(b) Rights: If investigation could lead to criminal charges, subject must be advised of rights under Article 31(b) UCMJ:
- Nature of accusation
- Right to remain silent
- Anything said may be used against them in criminal or administrative proceedings
- Right to consult with attorney
Administrative Rights: If investigation is purely administrative (no criminal potential), subject typically not entitled to Article 31(b) rights but may have administrative due process rights.
Right to Counsel: For administrative investigations:
- Subject may consult with attorney (at own expense)
- Attorney generally cannot be present during interviews (commander’s discretion)
- Subject may have attorney review documents and advise
Practical Approach: IO should consult legal advisor on proper rights advisement for each case to ensure compliance.
Formal Investigation Enhanced Procedures
When formal investigation is directed, additional procedures apply:
Notice to Subject:
- Written notice of investigation and allegations
- Notice of rights including opportunity to:
- Present matters in defense, extenuation, mitigation
- Examine and respond to evidence
- Submit documents or witness statements
- Request specific witnesses be interviewed
Opportunity to Respond:
- Subject may submit written statement
- Subject may request IO interview specific witnesses
- Subject may submit documents or evidence
- IO must consider subject’s submissions
Representation:
- Subject may have counsel review materials
- Counsel may assist in preparing response
- Counsel presence during interviews at commander’s discretion
Rights of Subjects and Witnesses
Subject’s Rights
Notice: Subject entitled to notice of investigation when adverse action possible.
Consultation with Counsel: Subject may consult with attorney:
- For administrative investigations, at own expense
- If criminal charges possible, entitled to defense counsel
- Attorney can review documents and advise
- Attorney presence during interview at commander’s discretion
Remain Silent: Subject cannot be compelled to incriminate self if criminal prosecution possible (Fifth Amendment, Article 31).
Present Evidence: In formal investigations, subject may:
- Submit written statement
- Provide documents or evidence
- Request witnesses be interviewed
- Respond to adverse information
Review Report: Subject typically allowed to review and comment on investigation report before it becomes final (in formal investigations).
Witness Rights
Compulsion: Military witnesses can be ordered to provide statements and cooperate with investigation.
Article 31 Protection: Witnesses have right against self-incrimination if their statements could subject them to criminal charges.
Truthfulness: Witnesses must provide truthful information. False official statements are punishable under UCMJ Article 107.
Protection from Retaliation: Witnesses are protected from reprisal for providing information in investigation.
Findings and Recommendations
Findings of Fact
Definition: Findings are IO’s conclusions about what occurred based on evidence.
Standard: Findings must be supported by preponderance of evidence (more likely than not).
Format: Clear, specific statements of fact:
- Sustained: Evidence supports allegation
- Not Sustained: Evidence does not support allegation
- Unfounded: Evidence proves allegation false
- Insufficient Evidence: Cannot determine based on available evidence
Example Finding: “FINDING 1: I find by a preponderance of the evidence that on 15 January 2024, Specialist John Doe was absent from his appointed place of duty from 0900-1700 without authorization.
FINDING 2: I find insufficient evidence to determine whether Specialist Doe’s absence was with intent to remain away permanently.”
Recommendations
When Required: Appointing authority may request recommendations for action, or IO may offer recommendations.
Types of Recommendations:
- Disciplinary action (Article 15, court-martial, administrative reprimand)
- Administrative action (counseling, adverse evaluation, removal from position, separation)
- Training or policy changes
- No action warranted
- Referral for further investigation
Basis: Recommendations should be based on findings and proportional to misconduct severity.
Not Binding: Recommendations are advisory; appointing authority makes final decision.
Investigation Report
Report Contents
Required Elements:
- Summary of investigation scope and purpose
- Background and context
- Summary of evidence (witness statements, documents)
- Analysis of evidence
- Findings of fact for each allegation
- Recommendations (if requested)
- Exhibits (witness statements, documents, photos)
Format: Memorandum format with:
- Introduction explaining appointment and scope
- Findings section with numbered findings
- Recommendations section
- Signature block of IO
- Annexes/exhibits attached
Legal Review
Staff Judge Advocate Review: Before appointing authority takes action, investigation typically reviewed by legal advisor (SJA or designated attorney) for:
- Legal sufficiency (proper procedures followed)
- Adequate evidence supporting findings
- Appropriate rights advisement
- Proper standard of proof applied
- Recommended actions legally supportable
Legal Review Memorandum: Legal advisor prepares memorandum:
- Stating whether investigation legally sufficient
- Identifying procedural defects if any
- Recommending corrective action if needed
- Advising on appropriate action based on findings
Correction: If legal review identifies deficiencies, investigation may be returned to IO for additional work or correction.
Command Action on Investigation
Appointing Authority Review
Final Decision Authority: Appointing authority reviews investigation and legal review, then decides:
- Whether to accept findings
- What action to take based on findings
- Whether further action required
Possible Actions:
- Approve findings and recommendations
- Modify findings or recommendations
- Disapprove findings (if not supported by evidence)
- Direct further investigation
- Take different action than recommended
Administrative Actions
Based on investigation findings, commander may take:
Non-Punitive Administrative Actions:
- Counseling (verbal or written)
- Administrative reprimand (written record)
- Adverse evaluation report comments
- Relief from position or duty
- Bar to reenlistment
- Administrative separation
Disciplinary Actions:
- Non-judicial punishment (Article 15)
- Court-martial charges
- Administrative reduction in rank
Corrective Actions:
- Policy changes
- Training requirements
- Safety improvements
- Procedural modifications
Documentation and Filing
Permanent Record: Investigation report becomes permanent record maintained according to records management regulations.
FOIA Considerations: Investigation reports may be subject to Freedom of Information Act requests with appropriate redactions for privacy.
Use in Other Proceedings:
- Administrative proceedings: Findings admissible
- Courts-martial: Limited admissibility (hearsay concerns)
- Civilian litigation: May be discoverable
Subject’s Rights After Investigation
Review and Rebuttal
Access to Report: Subject typically allowed to review investigation report before it becomes final (in formal investigations).
Rebuttal: Subject may submit:
- Written rebuttal to findings
- Additional evidence
- Corrections to factual errors
- Arguments why action not warranted
Timing: Rebuttal typically due within specified time (e.g., 10 days).
Consideration: Appointing authority must consider rebuttal before final action.
Appeal or Complaint
No Formal Appeal: Generally no formal appeal process for AR 15-6 investigations, but:
- May submit to higher authority
- May use chain of command
- May file IG complaint if procedural violations
IG Complaint: Inspector General may investigate allegations that:
- Investigation was procedurally deficient
- Subject’s rights were violated
- Investigation biased or improperly conducted
- Findings not supported by evidence
Protection from Adverse Action
Administrative Due Process: Before taking adverse action based on investigation (relief, separation), service member entitled to:
- Notice of proposed action
- Opportunity to respond
- Consideration of response
- Decision by appropriate authority
Basis in Findings: Adverse action must be based on findings supported by evidence, not on unsubstantiated allegations.
Comparison to Other Investigation Types
AR 15-6 vs. Criminal Investigation (CID)
AR 15-6:
- Administrative investigation
- Conducted by appointed officer (not law enforcement)
- Preponderance of evidence standard
- Results used for administrative action
- Not designed for criminal prosecution
CID Investigation:
- Criminal investigation
- Conducted by trained criminal investigators
- Beyond reasonable doubt standard (for prosecution)
- Designed to support court-martial charges
- Full law enforcement powers
Referral: If AR 15-6 investigation uncovers potential criminal conduct, matter should be referred to CID for criminal investigation.
AR 15-6 vs. Inspector General Complaint
AR 15-6:
- Commander-directed investigation of specific incident
- Focuses on particular allegations or circumstances
- Results in findings and recommendations to commander
- Used for command decision-making
IG Complaint:
- Individual complaint to Inspector General
- IG investigates systemic issues, fraud, waste, abuse
- IG makes findings and recommendations to appropriate authority
- Focuses on organizational compliance and accountability
Relationship: IG may investigate how AR 15-6 was conducted but does not replace AR 15-6.
AR 15-6 vs. Safety Investigation
AR 15-6:
- May investigate accidents but focuses on accountability
- Findings may be used for adverse action
- Legal review for action purposes
Safety Investigation (AR 385-10):
- Focuses on accident prevention, not accountability
- Privileged and protected from use in adverse actions
- Designed to identify hazards and prevent future accidents
- Statements made in safety investigation not usable for discipline
Separate Investigations: Serious accidents often trigger both safety investigation (for prevention) and AR 15-6 (for accountability).
Practical Guidance
For Investigating Officers
Thoroughness: Conduct complete investigation:
- Interview all relevant witnesses
- Obtain all relevant documents
- Follow all leads
- Do not prejudge outcome
Impartiality: Remain neutral:
- Do not advocate for particular result
- Consider all evidence fairly
- Evaluate credibility objectively
- Report findings honestly even if unpopular
Documentation: Document everything:
- All witness interviews
- Evidence collected
- Analysis and reasoning
- Chain of custody
Consult Legal Advisor: Seek guidance throughout:
- Before beginning investigation
- When questions arise
- Before completing report
- Regarding rights advisement
For Subjects of Investigation
Exercise Rights:
- Consult with attorney before making statements
- Understand rights against self-incrimination
- Submit rebuttal if findings adverse
- Present evidence in your defense
Cooperation:
- Cooperate with legitimate investigation
- Provide truthful information if you choose to speak
- Do not obstruct or interfere
- Maintain professionalism
Documentation:
- Keep copies of all documents provided to you
- Document timeline and your version of events
- Gather supporting evidence
- Obtain witness contact information
Seek Advice:
- Consult legal assistance attorney
- Understand potential consequences
- Obtain counsel’s advice on strategy
- Do not rely on informal advice
For Commanders
Proper Appointment:
- Appoint qualified, impartial IO
- Clearly define scope
- Provide adequate time
- Ensure legal advisor available
Support Investigation:
- Provide IO with necessary resources
- Direct cooperation from unit personnel
- Protect IO from pressure or influence
- Allow impartial investigation
Consider Results:
- Review investigation thoroughly
- Consider legal review carefully
- Base action on evidence and findings
- Ensure proportional response
Due Process:
- Provide subject with appropriate notice
- Allow opportunity to respond
- Consider rebuttal fairly
- Document decision-making
Frequently Asked Questions
What is the difference between informal and formal AR 15-6 investigations?
Informal Investigation:
- Streamlined procedures for simple matters
- Less formal rights and procedures
- Witnesses need not be sworn
- Faster completion
Formal Investigation:
- Enhanced procedures for complex/serious matters
- Subject has enhanced rights (notice, representation, rebuttal)
- Witnesses sworn under oath
- More comprehensive report and review
Decision: Appointing authority determines whether investigation will be informal or formal based on complexity and potential consequences.
Do I have to answer questions in an AR 15-6 investigation?
Depends on Circumstances:
If Criminal Charges Possible:
- You have Fifth Amendment and Article 31(b) rights
- Cannot be compelled to incriminate yourself
- Should consult defense counsel before making statements
- Can decline to answer questions
If Purely Administrative:
- May be ordered to cooperate
- Failure to obey order may itself be punishable
- But still cannot be compelled to incriminate yourself criminally
- Consult with attorney to understand your rights
Practical Advice: Always consult with attorney (legal assistance or defense counsel) before deciding whether to make statements in investigation.
Can I have an attorney present during my interview?
Generally No for Administrative Investigations:
- For administrative AR 15-6, attorney typically cannot be present during interview
- This is at commander’s discretion
- You may consult with attorney before and after interview
But May Consult:
- You have right to consult with attorney
- Attorney can advise you before interview
- Attorney can review documents
- Attorney can help prepare written response
If Criminal Charges Possible:
- You have right to defense counsel
- Defense counsel can advise you not to make statements
- But even then, counsel typically not present during administrative investigation interview
What happens if I disagree with the investigation findings?
Rebuttal:
- In formal investigations, you may submit written rebuttal
- Present additional evidence
- Correct factual errors
- Argue why findings not supported
Chain of Command:
- May submit concerns to higher authority
- Request review by senior commander
Inspector General:
- File IG complaint if procedural violations
- IG may investigate whether investigation was properly conducted
Administrative Appeal:
- If adverse action taken (relief, separation), you have rights in that process
- Can challenge action through administrative procedures
No Guarantee: Rebuttal does not guarantee findings will be changed, but appointing authority must consider your response.
Can an AR 15-6 investigation lead to criminal charges?
Yes:
- If investigation uncovers evidence of criminal conduct
- Commander may prefer court-martial charges
- Or refer matter to CID for criminal investigation
But:
- AR 15-6 is administrative, not designed for criminal prosecution
- Statements made in AR 15-6 may have limited admissibility at court-martial
- Proper criminal investigation typically needed for prosecution
Article 31 Protection:
- If you were not properly advised of rights
- Statements may be suppressed at court-martial
- This is why consulting attorney before making statements is critical
How long does an AR 15-6 investigation take?
Depends on:
- Complexity of matter
- Number of witnesses
- Availability of evidence
- Whether informal or formal
Typical Timeline:
- Informal investigation: 2-4 weeks
- Formal investigation: 1-3 months
- Complex investigations: May take longer
Deadline:
- Appointing authority sets deadline in appointment memorandum
- IO may request extension if needed
Extensions:
- Legitimate reasons (witness unavailability, complexity)
- Request through appointing authority
Conclusion
AR 15-6 investigations are administrative fact-finding procedures used by Army commanders to investigate incidents, allegations, or circumstances requiring inquiry. The investigating officer conducts impartial investigation, interviews witnesses and subjects, collects evidence, and prepares report with findings and recommendations based on preponderance of evidence. Subjects have procedural rights including notice, opportunity to present evidence and rebut findings (in formal investigations), and protection against self-incrimination. Investigation results may lead to administrative or disciplinary action, making it important for subjects to understand their rights, consult with legal counsel, and participate appropriately in the process while protecting their interests.
Legal Disclaimer
This content is for educational purposes only and does not constitute legal advice. AR 15-6 investigations involve complex procedural and substantive issues. Service members who are subjects of investigations should consult with legal assistance attorneys or defense counsel for advice specific to their circumstances. Do not make statements or decisions without consulting legal counsel.
For Legal Assistance:
- Legal Assistance Office: Advice on administrative matters and rights
- Trial Defense Service: If criminal charges possible or investigation may lead to court-martial
Service members should exercise their rights carefully and seek professional legal guidance when subject to investigation.
