Misc Pub 27-8 Legal Handbook Commander’s 2019
E. Method of Appointment – The Memorandum of Appoint-
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- F. Conducting The Administrative Investigation (Ch. 3)
| E. Method of Appointment – The Memorandum of Appoint- ment (Para. 2-1) Administrative investigations and boards will be appointed in writing but, when necessary, maybe appointed orally and later confirmed in writing. Preliminary inquiries maybe appointed orally or in writing. A written memorandum of appointment is preferred. The memorandum of appointment should specify purpose and scope of investigation and nature of findings and recommendations required. The appointing authority should include any special instructions or guidance for the IO. AR 15-6 includes examples of memorandums of appointment. The memorandum of appointment is important and should include enough detail as is necessary to fully inform and guide the IO. Any changes to the scope of the investigation should be documented in writing. Those who maybe appointed as IOs and board members shall be those persons who are best qualified for the duty by reason of education, training, experience, length of service, and temperament. Only commissioned officers, warrant officers, or Department of the Army civilian employees permanently assigned to a position graded as a GS or above will be appointed as IOs or voting members of boards. Non-commissioned officers in the grade of E or above maybe appointed as IOs when the appointing authority determines that military exigencies exist and no commissioned officers, warrant officers or qualified Department of the Army civilian employees are readily available. IOs and voting board members must be senior to any individual whose conduct is under investigation, unless military exigencies make this impracticable. Nonvoting members (i.e., legal advisor, judge advocate recorder) do not have to be senior. Specific regulations may require additional qualifications (i.e., officers, professionally certified, security clearance.) F. Conducting The Administrative Investigation (Ch. 3) Before starting an informal investigation, the IO must review all written materials provided by the appointing authority and must meet with the legal advisor prior to beginning an administrative investigation. The legal advisor should explain the rules and legal concerns for AR 15-6 investigations and assist the IO in developing an investigation plan. Download 4.49 Mb. Share with your friends:
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