AR 15-6 INVESTIGATIONS

Here is some information about administrative investigations under Army Regulation 15-6. If you were investigated, you may want to consult an attorney before you respond.

AR 15-6 establishes an administrative procedure for fact- finding investigations and boards of officers in situations not covered by any other directive.

Investigations under AR 15-6 may be formal or informal. Formal procedures may be required by other regulation or by higher authority, however, appointing authorities (AA) should use informal procedures for most other investigations.

AR 15-6 investigations gather and consider all the relevant evidence about an incident, possible misconduct, or a failure to adhere to regulations or policies by personnel under the AA. The investigating officer (IO) must be thorough and impartial, and consider all sides of the issues. The IO must submit a written report to the AA containing his findings and recommendations, which must be based on the evidence discovered and comply with the instructions of the appointing authority. DA Form 1574 is used for submitting the report. The IO's report should answer the following questions: what happened; when did it happen; where did it happen; who was involved; and why did it happen.

The IO should be a person of unquestionable impartiality. For example, it is usually poor practice to have a company commander investigate another company commander in the same battalion.

The AA should clearly define, in writing, the purpose and scope of the investigation and the nature of the findings and recommendations required.

The findings of a properly conducted investigation may be used as the basis for an adverse administrative action. However, if adverse action is contemplated, the AA must provide the subject individual with the following safeguards prior to final action:

(1) notice of the proposed adverse action;

(2) a copy of the part of the findings, recommendations, and supporting evidence on which the proposed adverse action is based; and

(3) a reasonable opportunity to reply in writing.

Unless otherwise stated in another directive or regulation, the AA is neither bound nor limited by the IO's findings or recommendations.

Remember, each case is different. This summary gives you general information only. It is not intended to substitute for talking with a lawyer. You may consult a legal assistance attorney at the Kaiserslautern Law Center by calling DSN 483-8848 or CIV. 0631-411-8848 to schedule an appointment.