Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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108
1. Preliminary Inquiry (Chapter 4, AR 15-6)
A preliminary inquiry is used to ascertain the magnitude of a problem, to identify and interview witnesses, to summarize or record witnesses statements, to determine whether an investigation or board maybe necessary or to assist in determining the scope of a subsequent investigation. A preliminary inquiry maybe used to satisfy the inquiry requirement, sometimes referred to as commanders inquiry in RCM 303, MCM.
2. Administrative Investigation (Chapter 5, AR 15-6)
Administrative investigations maybe used to investigate any matter, to include individual conduct. The fact that an individual may have an interest in the matter under investigation or that the information may reflect adversely on that individual does not require that the proceedings constitute a hearing for that individual. Even if the purpose of the investigation is to inquire into the conductor performance of a particular individual, formal procedures are not mandatory unless required by other regulations or by higher authority.
Administrative investigations provide great flexibility. Generally, one IO is appointed (although an investigation team maybe appointed consisting of one IO and one or more assistant
IOs); there is generally no formal hearing that is open to the public but IOs can use whatever method they deem most efficient and effective for acquiring information. Statements are taken at informal sessions and there is no named respondent with aright to counsel (unless required by Art b, UCMJ), right to cross-examine witnesses, or other additional rights specific to AR
15-6 boards of officers.
Although the investigative procedures are not intended to provide a hearing for interested persons, field grade officers have aright to respond to adverse information in a report of proceedings. This right exists regardless of whether adverse administrative action is recommended or contemplated against the field grade officer. When afield grade officer has the right to respond, the portion of the report of proceedings and supporting evidence pertaining to the adverse information will be referred to the office after being properly redacted. The officer will have at least
10 business days to respond. The field grade officer’s response will be included as an exhibit to the report of proceedings.

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