Misc Pub 27-8 Legal Handbook Commander’s 2019


a. Informal Investigation



Download 4.49 Mb.
View original pdf
Page118/288
Date15.02.2024
Size4.49 Mb.
#63548
1   ...   114   115   116   117   118   119   120   121   ...   288
CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
a. Informal Investigation
An informal investigation is conducted when no misconduct is suspected, no negligence is suspected, and a formal investigation is not required. At a minimum, the Medical Treatment
Return to Table of Contents


127
Facility (MTF) representative and commander must sign a DA Form 2173. Supporting exhibits should be attached.
A special court-martial convening authority (SPCMCA) is appointing and approving authority (National Guard appointing authority is the commander of at least battalion or squadron size unit. SPCMCA should approve informal investigation in writing By Authority of the Secretary of the Army.”
NOTE: Informal investigation can only result in an ILD determination except in the
case where the MTF finds that a EPTS. In that event, the status would be NLD-NDOM.
b. Formal Investigation
For a formal investigation, the appointing Authority is the SPCMCA. Final approving authority is the General Court-Martial Convening Authority (GCMCA).
The investigating officer must be senior in grade to the individual investigated. Maybe a commissioned officer, warrant officer, or commissioned officer of another US. military service in joint activities where Army has been designated as the executive agent.
Formal investigations are required when any of the following factors are present strange or doubtful circumstances injury or death involving alcohol or drug abuse self-inflicted injuries or suicide injury or death incurred while AWOL training death of a USAR/ARNG Soldier Injury or death of a USAR or ARNG member while traveling to or from authorized training or duty injury or death occurring while en route to final acceptance in the Army USAR/ARNG Soldier serving active duty tour of 30 days or less is disabled by disease, in connection with an appeal of an unfavorable finding of alcohol or drug abuse or a valid request for formal investigation is made (e.g., requested by the Physical Disability Agency).

Download 4.49 Mb.

Share with your friends:
1   ...   114   115   116   117   118   119   120   121   ...   288




The database is protected by copyright ©ininet.org 2024
send message

    Main page